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DIPLOMATIC CORRESPONDENCE 

BETWEEN THE UNITED STATES 

AND GERMANY 

AUGUST 1, 1914-APRIL 6, 1917 



EDITED WITH INTRODUCTION AND ANALYTICAL INDEX 
BY 

JAMES BROWN SCOTT 

Author of " A Survey of International Relations between the 
United States and Germany " 



Expressions of regret and offers of reparation in case of the destruction of 
neutral ships sunk by mistake . . . cannot justify or excuse a practice the 
natural and necessary effect of which is to subject neutral nations and neutral 
persons to new and immeasurable risks. 

Secretary of State Bryan in First Lusitania Note, May 13, 1915. 
The Government of the United States is contending for something much 
greater than mere rights of property or privileges of commerce. It is con- 
tending for nothing less high and sacred than the rights of humanity. 

Secretary of State Lansing in Second Lusitania Note, June 9, 1915. 



NFAV YORK 

OXFORD UNIVERSITY PRESS 

AMERICAN BRANCH: 3 S Wsst 3 jnd Stmit 
LONDON. TORONTO. MELBOURNE. AND BOMBAY 

1918 



w 






COPYRIGHT 1916 

BT THE 

OXFORD UNIVERSITY PRESS 
American Branch 



THE OUINN i BODEN CO. PRESS 
RAHWAT, N. J. 



i«-oa;v54 



PUBLISHERS' PREFACE 

The publishers announce, separate and distinct from, but to be 
used in connection with the present volume, President Wilson's 
Foreign Policy — Messages, Addresses, Papers, and A Survey of Inter- 
national Eelations Between the United States and Germany, from 
August 1, 1914, to April 6, 1917, the date of the declaration of a 
state of war by the Congress of the United States against the Imperial 
German Government. These volumes are of the same format as The 
Diplomatic Correspondence Between the United States and Germany, 
during the same period. 

The differences of opinion, crystallizing into opposition, and 
resulting eventually in war between the United States and Germany, 
are stated clearly, unmistakably, and officially in the Diplomatic 
Correspondence between the two Governments since the outbreak of 
the European War in 1914, and up to the declaration of war by the 
United States because of the controversies between the two countries. 
The Diplomatic Correspondence makes the case of the United States, 
just as the Diplomatic Correspondence is the defense of Germany. 
Upon this Correspondence each country rests its case, and upon this 
Correspondence each is to be judged. It is thought best to present 
it in a volume by itself, disconnected from narrative or from corre- 
spondence with other belligerent nations, which would indeed have 
been interesting but not material in the present case. 

President Wilson's views upon foreign policy were important 
during the neutrality of the United States; it is even more 
important to understand them now, inasmuch as they are the views 
of the United States at war and indicate in no uncertain way the 
attitude which the United States under President Wilson's guidance 
may be expected to assume in the negotiations which must one day 



iv PUBLISHERS' PREFACE 

bring about peace to a long-suffering and war-ridden world. This 
volume is of interest to Mr. Wilson's countrymen; it is of interest 
to the belligerents; it is of interest to the neutrals, whose cause 
Mr. Wilson has championed. 

The Survey of International Relations Between the United States 
and Germany aims to give an authentic account of the conduct of 
the United States during the period of its neutrality, and the attitude 
of the Imperial Government towards the United States. An extended 
introduction is prefixed, setting forth the views of monarchs, states- 
men, and publicists of that country, showing the German conception 
of the State, International Policy and International Law. The 
narrative giving the views of both Governments is based upon the 
documents contained in the volume of Diplomatic Correspondence 
Between the United States and Germany. 

The publishers have pleasure in announcing that Mr. Scott has 
directed that the royalties due him for these volumes be presented 
to the Department of State War Relief Work Committee, of which 
Mrs. Robert Lansing is President. 

Oxford University Press. 
American Branch 

March 1, 1918. 



INTRODUCTION 



INTRODUCTION. 

THE WAR BETWEEN THE UNITED STATES AND THE 
IMPERIAL GERMAN GOVERNMENT. 1 

On the second day of April, 1917, President Wilson appeared 
before the Congress of the United States and, after setting forth 
the lawless actions of the Imperial German Government and the 
impossibility of protecting the lives and property of his fellow coun- 
trymen engaged in pursuits which have always "even in the darkest 
periods of modern history, been deemed innocent and legitimate" 
advised the Congress of the United States to declare the existence 
of a state of war between the Imperial German Government and the 
United States. On the sixth day of April, 1917, the Congress, after 
grave deliberation and with a full sense of the responsibility which it 
would thus assume, declared a state of war to exist between the 
Imperial German Government and the United States. 

What were the reasons which caused the President of the United 
States to advise the Congress to declare the existence of a state of 
war between the Imperial German Government and the United States ; 
what were the reasons which caused the Congress to act upon the 
advice of the President to declare the existence of a state of war 
between the two countries ; and what are the consequences which the 
President, the Congress, and the people of the United States consider 
as likely to follow from this state of war and its effective prosecution ? 
We do not need to speculate as to the reasons, for the President him- 
self has stated them, and if he had not they would be sufficiently in 
evidence, as the actions of Germany since the first day of August, 
1914, in so far as the United States is concerned, speak louder than 
words; and we do not need to indulge in prophecy in order to fore- 
cast the consequences of this declaration on behalf of the United 
States, for the President himself has stated, in clear and unmistak- 
able terms, that the autocracy which made these acts possible should 
end with the war. 

The first part of the President's address deals with the specific 

1 Reprinted from The American Journal of International Law, July, 1917. 

vii 



viii INTRODUCTION 

acts of the Imperial German Government as causes of the war. The 
second part deals with the motives and purposes of the United States 
in entering the war, for while the acts of the Imperial German Govern- 
ment would justify resistance on behalf of the United States, the Presi- 
dent wished it to be clearly understood, and therefore he put it plainly, 
that the motive and purpose in entering the war which had been thrust 
upon the United States was not merely to secure redress for the loss 
of property, not even redress for the destruction of human life, but to 
secure the repudiation of the Prussian conception of state and govern- 
ment, which could force a people to commit such acts, and to secure 
some form of international organization calculated to guarantee peace 
among nations through the administration of justice. 

As far as the United States is concerned, the cause of its war 
with the Imperial German Government is the submarine, for the 
disputes of a serious nature and of a kind calculated to produce 
war between the two governments related to the conduct of the 
submarine, which, because Great Britain controlled the seas, was 
the only form of maritime warfare left to Germany; and Germany 
was apparently as unwilling to renounce maritime warfare as it 
was unwilling to allow its surface fleet to put to sea and to give 
battle to the British Navy. The United States did not object to the 
employment of the submarine, recognizing it as a vessel of war, 
possessed of all the rights of a vessel of war and subject to all the 
duties of a vessel of war. But the United States insisted from the 
beginning that the submarine should conform its actions to the rules 
of law to which vessels of war were subjected, and that, if it could 
not or would not conform its actions to such rules, it should not be 
used ; for the law could not be changed to suit the submarine, which 
should itself be changed to meet the law if it could not, as then con- 
structed, comply with the law as it then stood. 

The Imperial German Government, on the contrary, insisted that, 
because of its frailty, the submarine could not comply with the laws 
and customs of war controlling the acts of surface vessels, that it could 
not comply with the formalities of visit and search, because, to do so, 
it would have to comport itself as a surface vessel, and as a surface 
vessel it would endanger its existence if it approached within gunshot 
of ordinary surface vessels. The Imperial German Government 
claimed for the submarine the right to operate under the surface to 
protect itself from attack, and, thus protected, to attack any vessel 
approaching it because, under the surface, it could not distinguish 
the vessel of the enemy from the vessel of a neutral Power ; it claimed 



INTRODUCTION 



IX 



the right to attack the vessel within range without warning because, 
if it gave warning, it exposed itself to danger; and finally, it claimed 
the right to torpedo and thus destroy the vessel without first putting 
its passengers and crew in a place of safety because the submarine 
was too small to take them on board. 

If matters had rested here the question at issue between the two 
governments would have been academic. But matters did not rest 
here because the Imperial German Government put its conception of 
submarine warfare into practice, with the result, as the President 
informed the Congress in his address of the 2d of April, 1917, 
that "Vessels of every kind, whatever their flag, their character, their 
cargo, their destination, their errand, have been ruthlessly sent to the 
bottom without warning and without thought of help or mercy for 
those on board, the vessels of friendly neutrals along with those of 
belligerents. Even hospital ships and ships carrying relief to the 
sorely bereaved and stricken people of Belgium, though the latter 
were provided with safe conduct through the proscribed areas by the 
German Government itself and were distinguished by unmistakable 
marks of identity, have been sunk with the same reckless lack of com- 
passion or of principle." 

In the report of the Committee of Foreign Affairs of the House of 
Representatives accompanying the text of the declaration of a state of 
war with the Imperial German Government, numerous instances are 
given justifying the President's indictment, and while these instances 
are but few of the many, they are given as a sample of the indiscrimi- 
nate submarine warfare of the Imperial German Government. 

After a brief reference to the diplomatic correspondence between 
the two governments, in which Germany stated that instructions had 
been given "to abstain from all violence against neutral vessels recog- 
nizable as such" and that "it is very far indeed from the intention of 
the German Government . . . ever to destroy neutral lives and neu- 
tral property," the official report to which reference has been made 
continues : 

Nevertheless the German Government proceeded to carry out its plans of sub- 
marine warfare and torpedoed the British passenger steamer Falaba on March 
27, 1915, when one American life was lost, attacked the American steamer 
Lushing April 28 by airship, and made submarine attacks upon the American 
tank steamer Qulflight May 1, the British passenger liner Lusitania May 7 
when 114 American lives were lost, and the American steamer Nebraskan on 
May 25, in all of which over 125 citizens of the United States lost their 
lives, not to mention hundreds of noncombatants who were lost and hundreds 
of Americans and noncombatants whose lives were put in jeopardy. 



x INTRODUCTION 

The British mule boat Armenian was torpedoed on June 28, as a result of 
which 20 Americans are reported missing. 

After a further reference to the diplomatic correspondence the 
official report thus proceeds : 

Subsequently, the following vessels carrying American citizens were attacked 
by submarines. 

British liner Orduna July 9. 

Kussian steamer Leo July 9. 

American steamer Leelanaw July 25. 

British passenger liner Arabic August 19. 

British mule ship Nicosian August 19. 

British steamer Hesperian September 4. 

In these attacks 23 Americans lost their lives, not to mention the large 
number whose lives were placed in jeopardy. 

After another reference to diplomatic correspondence, citing Ger- 
man promises, the official report continues : 

Following this accumulative series of assurances, however, there seems to have 
been no abatement in the rigor of submarine warfare, for attacks were made in 
the Mediterranean upon the American steamer Communipato on December 3, the 
American steamer Petrolite December 5, the Japanese liner Yasaka Maru Decem- 
ber 21, and the passenger liner Persia December 30. In the sinking of the 
Persia out of a total of some 500 passengers and crew only 165 were saved. 
Among those lost was an American consul traveling to his post. 

After again referring to correspondence between the two countries, 
continuing the assurance of the German Government, in the language 
of the report, "that neutral and enemy merchant vessels, passenger 
as well as freight ships, should not be destroyed except upon the pas- 
sengers and crew being accorded safety," the official report thus 
chronicles the loss of life and property during the year 1916 : 

On March 1, 1916, the unarmed French passenger steamer Patria, carrying a 
number of American citizens was attacked without warning. On March 9 the 
Norwegian bark Silius, riding at anchor in Havre Rhodes, was torpedoed by an 
unseen submarine and one of the seven Americans on board was injured. On 
March 16 the Dutch passenger steamer Tubantia was sunk in the North Sea by a 
torpedo. On March 16 the British steamer Bericindvale was torpedoed without 
warning off Bantry Island with four Americans on board. On March 24 the 
British unarmed steamer Englishman was, after a chase, torpedoed and sunk 
by the submarine U. 19, as a result of which one American on board perished. 
On March 24 the unarmed French cross-channel steamer Sussex was torpedoed 
without warning, several of the 24 American passengers being injured. On 
March 27 the unarmed British liner Manchester Engineer was sunk by an explo- 
sion without prior warning, with Americans on board, and on March 28 the 
British steamer Eagle Point, carrying a Hotchkiss gun, which she did not use, 



INTRODUCTION xi 

was chased, overtaken, and sunk by a torpedo after the persons on board had 
taken to the boats. 

And after a final reference to the correspondence between the two 
governments, resulting in the assurance of May 4, 1916, that new 
orders had been issued to the German naval forces "in accordance 
with the general principles of visit and search and the destruction 
of merchant vessels recognized by international law," and quoting 
the withdrawal of this assurance contained in the German note of 
January 31, 1917, the report continues and concludes as follows this 
phase of the question: 

On February 3 [1917] one American ship was sunk, and since that date six 
American ships flying the American flag have been torpedoed, with a loss of about 
13 American citizens. In addition, 50 or more foreign vessels of both belligerent 
and neutral nationality with Americans on board have been torpedoed, in most 
cases without warning, with a consequent loss of several American citizens. 

The President's statement thus appears to be borne out by the 
facts, for enemy merchant vessels carrying passengers or freight, and 
neutral vessels, of whatever nationality, have indiscriminately been 
sunk by the German submarine lying in wait for its prey. 

But there is a further charge made by the President of even a 
more serious character, for in the address of the 2d of April he 
states that "hospital ships and ships carrying relief to the sorely 
bereaved and stricken people of Belgium ' ' had been destroyed by Ger- 
man submarines, although these vessels were supposed to be protected 
by the promise of the Imperial German Government, evidenced by 
safe-conducts. On this point the official report previously quoted says : 

When the Commission for Relief in Belgium began its work in October, 1914, 
it received from the German authorities, through the various Governments con- 
cerned, definite written assurances that ships engaged in carrying cargoes for the 
relief of the civil population of Belgium and northern France should be immune 
from attack. In order that there may be no room for attacks upon these ships 
through misunderstanding each ship is given a safe-conduct by the German 
diplomatic representative in the country from which it sails, and, in addition, 
bears conspicuously upon its sides markings which have been agreed upon with 
the German authorities; furthermore, similar markings are painted upon the 
decks of the ships in order that they may be readily recognizable by aeroplanes. 

Upon the rupture of relations with Germany the commission was definitely 
assured by the German Government that its ships would be immune from attack 
by following certain prescribed courses and conforming to the arrangements 
previously made. 

Despite these solemn assurances there have been several unwarranted attacks 
upon ships under charter to the commission. 



xii INTRODUCTION 

On March 7 or 8 the Norwegian ship Storstad, carrying 10,000 tons of corn 
from Buenos Aires to Rotterdam for the commission was sunk in broad daylight 
by a German submarine despite the conspicuous markings of the commission 
which the submarine could not help observing. The Storstad was repeatedly 
shelled without warning and finally torpedoed. 

On March 19 the steamships Tunisie and Haelen, under charter to the com- 
mission proceeded to the United States under safe-conducts and guarantees from 
the German minister at The Hague and bearing conspicuous markings of the 
commission, were attacked without warning by a German submarine outside the 
danger zone (56° 15' north, 5° 32' east). The ships were not sunk, but on the 
Haelen seven men were killed, including the first and third officers; a port boat 
was sunk; a hole was made in the port bunker above the water line; and the 
Bhips sustained sundry damages to decks and engines. 

In a later portion of the President's address he calls attention to 
the difficulty of maintaining peace with the Imperial German Govern- 
ment and enumerates a series of transactions within American juris- 
diction comparable to the conduct of the submarine warfare upon the 
high seas. They are apparently not enumerated by the President as 
in themselves the cause of war but as a matter of aggravation. Thus 
he says: 

One of the things that has served to convince us that the Prussian autocracy 
was not and could never be our friend is that from the very outset of the present 
war it has filled our unsuspecting communities and even our offices of government 
with spies and set criminal intrigues everywhere afoot against our national unity 
of counsel, our peace within and without, our industries and our commerce. In- 
deed it is now evident that its spies were here even before the war began; and 
it is unhappily not a matter of conjecture but a fact proved in our courts of 
justice that the intrigues which have more than once come perilously near to dis- 
turbing the peace and dislocating the industries of the country have been carried 
on at the instigation, with the support, and even under the personal direction of 
official agents of the Imperial Government accredited to the Government of the 
United States. Even in checking these things and trying to extirpate them we 
have sought to put the most generous interpretation possible upon them because 
we knew that their source lay, not in any hostile feeling or purpose of the German 
people toward us (who were, no doubt, as ignorant of them as we ourselves were), 
but only in the selfish design of a Government that did what it pleased and told 
its people nothing. But they have played their part in serving to convince us at 
last that that Government entertains no real friendship for us and means to act 
against our peace and security at its convenience. That it means to stir up 
enemies against us at our very doors the intercepted note to the German 
Minister at Mexico City is eloquent evidence. 

In the official report of the Committee on Foreign Affairs of the 
House of Representatives, containing the instances of German sub- 
marine warfare, there is an elaborate but far from complete enumera- 



INTRODUCTION xiii 

tion of the acts of German officials and of German sympathizers in the 
domestic affairs of the United States. The few instances actually 
stated, which are to be taken as a sample of the many which are not 
chronicled, are twenty-one in number and are thus stated in the 
report in brief and summary form : 

1. By direct instructions received from the foreign office in Berlin the 
German Embassy in this country furnished funds and issued orders to the Indian 
independence committee of the Indian Nationalist Party in the United States. 
These instructions were usually conveyed to the committee by the military infor- 
mation bureau in New York (von Igel) or by the German consulates in New 
York and San Francisco. 

Dr. Chakrabarty, recently arrested in New York City, received, all in all, 
according to his own admission, some $60,000 from von Igel. He claims that the 
greater portion of this money was used for defraying the expenses of the Indian 
revolutionary propaganda in this country, and, as he says, for educational pur- 
poses. While this is in itself true, it is not all that was done by the revolution- 
ists. They have sent representatives to the Far East to stir up trouble in India 
and they have attempted to ship arms and ammunition to India. These expedi- 
tions have failed. The German Embassy also employed Ernest T. Euphrat, to 
carry instructions and information between Berlin and Washington under an 
American passport. 

2. Officers of interned German warships have violated their word of honor 
and escaped. In one instance the German consul at Richmond furnished the 
money to purchase a boat to enable six warrant officers of the steamer Kronprinz 
Wilhelm to escape after breaking their parole. 

3. Under the supervision of Capt. von Papen and Wolf von Igel, Hans von 
Wedell and, subsequently, Carl Ruroede maintained a regular office for the pro- 
curement of fraudulent passports for German reservists. These operations were 
directed and financed in part by Capt. von Papen and Wolf von Igel. Indict- 
ments were returned, Carl Ruroede sentenced to the penitentiary, and a number of 
German officers fined. Von Wedell escaped and has apparently been drowned at 
sea. Von Wedell's operations were also known to high officials in Germany. 
When Von Wedell became suspicious that forgeries committed by him on a pass- 
port application had become known, he conferred with Capt. von Papen and 
obtained money from him wherewith to make his escape. 

4. James J. F. Archibald, under cover of an American passport and in the 
pay of the German Government through Ambassador Bernstorff, carried dis- 
patches for Ambassador Dumba and otherwise engaged in unneutral activities. 

5. Albert Sanders, Charles Wunnonberg, and others, German agents in this 
country, were engaged, among other activities, in sending spies to England 
equipped with American passports, for the purpose of securing military informa- 
tion. Several such men have been sent. Sanders and Wunnonberg have plead 
guilty to indictments brought against them in New York City as has George 
Voux Bacon, one of the men sent abroad by them. 

6. American passports have been counterfeited and counterfeits found on 
German agents. Baron von Cupenberg, a German agent, when arrested abroad, 
bore a counterfeit of an American passport issued to Gustav C. Roeder; Irving 



xiv INTRODUCTION 

Guy Kies received an American passport, went to Germany, where the police 
retained his passports for 24 hours. Later a German spy named Carl Paul 
Julius Hensel was arrested in London with a counterfeit of the Ries passport 
in his possession. 

7. Prominent officials of the Hamburg-American Line, who under the direc- 
tion of Capt. Boy-Ed, endeavored to provide German warships at sea with coal 
and other supplies in violation of the statutes of the United States, have been 
tried and convicted and sentenced to the penitentiary. Some 12 or more vessels 
were involved in this plan. 

8. Under the direction of Capt. Boy-Ed and the German consulate at San 
Francisco, and in violation of our laws, the steamships Sacramento and Mazatlan 
carried supplies from San Francisco to German war vessels. The Olsen and 
Mahoney, which was engaged in a similar enterprise, was detained. The money 
for these ventures was furnished by Capt. Boy-Ed. Indictments have been re- 
turned in connection with these matters against a large number of persons. 

9. Werner Horn, a lieutenant in the German Reserve, was furnished funds 
by Capt. Franz von Papen and sent, with dynamite, under order to blow up the 
International Bridge at Vanceboro, Me. He was partially successful. He is now 
under indictment for the unlawful transportation of dynamite on passenger trains 
and is in jail awaiting trial following the dismissal of his appeal by the Supreme 
Court. 

10. Capt. von Papen furnished funds to Albert Kaltschmidt, of Detroit, who 
is involved in a plot to blow up a factory at Walkerville, Canada, and the armory 
at Windsor, Canada. 

11. Robert Fay, Walter Scholtz, and Paul Daeche have been convicted and 
sentenced to the penitentiary and three others are under indictment for conspiracy 
to prepare bombs and attach them to allied ships leaving New York Harbor. Fay, 
who was the principal in this scheme, was a German soldier. He testified that he 
received finances from a German secret agent in Brussels, and told von Papen of 
his plans, who advised him that his device was not practicable, but that he should 
go ahead with it, and if he could make it work he would consider it. 

12. Under the direction of Capt. von Papen and Wolf von Igel, Dr. Walter 
T. Scheele, Capt. von Kleist, Capt. Wolpert, of the Atlas Steamship Co., and 
Capt. Rode, of the Hamburg-American Line, manufactured incendiary bombs and 
placed them on board allied vessels. The shells in which the chemicals were placed 
were made on board the steamship Friedrich der Grosse. Scheele was furnished 
$1,000 by von Igel wherewith to become a fugitive from justice. 

13. Capt. Franz Rintelen, a reserve officer in the German Navy, came to this 
country secretly for the purpose of preventing the exportation of munitions of war 
to the allies and of getting to Germany needed supplies. He organized and 
financed Labor's National Peace Council in an effort to bring about an embargo 
on the shipment of munitions of war, tried to bring about strikes, etc. 

14. Consul General Bopp, at San Francisco, Vice Consul General von 
Schaick, Baron George Wilhelm von Brincken (an employee of the consulate), 
Charles C. Crowley, and Mrs. Margaret W. Cornell (secret agents of the German 
consulate at San Francisco) have been convicted of conspiracy to send agents 
into Canada to blow up railroad tunnels and bridges, and to wreck vessels sailing 
from Pacific coast ports with war materials for Russia and Japan. 

15. Paul Koenig, head of the secret-service work of the Hamburg-American 



INTRODUCTION xv 

Line, by direction of his superior officers, largely augmented his organization and 
under the direction of von Papen, Boy-Ed, and Albert carried on secret work for 
the German Government. He secured and sent spies to Canada to gather informa- 
tion concerning the Welland Canal, the movements of Canadian troops to Eng- 
land, bribed an employee of a bank for information concerning shipments to the 
Allies, sent spies to Europe on American passports to secure military information, 
and was involved with Capt. von Papen in plans to place bombs on ships of the 
Allies leaving New York Harbor, etc. Von Papen, Boy-Ed, and Albert had fre- 
quent conferences with Koenig in his office, at theirs, and at outside places. 
Koenig and certain of his associates are under indictment. 

16. Capt. von Papen, Capt. Hans Tauscher, Wolf von Igel, and a number of 
German reservists organized an expedition to go into Canada, destroy the Welland 
Canal, and endeavor to terrorize Canadians in order to delay the sending of troops 
from Canada to Europe. Indictments have been returned against these persons. 
Wolf von Igel furnished Fritzen, one of the conspirators in this case, money on 
which to flee from New York City. Fritzen is now in jail in New York City. 

17. With money furnished by official German representatives in this country, 
a cargo of arms and ammunition was purchased and shipped on board the schooner 
Annie Larsen. Through the activities of German official representatives in this 
country and other Germans a number of Indians were procured to form an expedi- 
tion to go on the steamship Maverick, meet the Annie Larsen, take over her 
cargo, and endeavor to bring about a revolution in India. This plan involved 
the sending of a German officer to drill Indian recruits and the entire plan was 
managed and directed by Capt. von Papen, Capt. Hans Tauscher, and other official 
German representatives in this country. 

18. Gustav Stahl, a German reservist, made an affidavit which he admitted 
was false, regarding the armament of the Lusitania, which affidavit was for- 
warded to the State Department by Ambassador Bernstorff. He pled guilty to 
an indictment charging perjury, and was sentenced to the penitentiary. Koenig, 
herein mentioned, was active in securing this affidavit. 

19. The German Embassy organized, directed, and financed the Hans Libeau 
Employment Agency, through which extended efforts were made to induce em- 
ployees of manufacturers engaged in supplying various kinds of material to the 
Allies to give up their positions in an effort to interfere with the output of such 
manufacturers. Von Papen indorsed this organization as a military measure, 
and it was hoped through its propaganda to cripple munition factories. 

20. The German Government has assisted financially a number of newspapers 
in this country in return for pro-German propaganda. 

21. Many facts have been secured indicating that Germans have aided and 
encouraged financially and otherwise the activities of one or the other factions in 
Mexico, the purpose being to keep the United States occupied along its borders 
and to prevent the exportation of munitions of war to the Allies; see, in this 
connection, the activities of Rintelen, Stallforth, Kopf, the German consul at 
Chihuahua, Krum-Hellen, Felix Somerfeld (Villa's representative at New York), 
Carl Heynen, Gustav Steinberg, and many others. 

It will be observed that these interferences with the domestic econ- 
omy of the United States were at a time when this country was 



xvi INTRODUCTION 

neutral, when the Imperial German Secretary of State for Foreign 
Affairs abounded in expressions of friendship and consideration, and 
when the Imperial German Ambassador enjoyed the hospitality of a 
neutral country, whose rights upon the high seas had been systemati- 
cally violated by the Imperial German Ambassador, members of the 
official staff, and partisans of Germany in his employ. It is hard to 
believe that these things are so, yet the Zimmermann letter would lead 
us to suspect them, if stated on credible authority, and the authority 
upon which we have them is that of the Government of the United 
States, in many instances the judgments of courts of the United States 
in which the transactions had been established by proof and the per- 
petrators convicted of their commission and sentenced to prison in 
judicial proceedings in accordance with the laws of the United States. 
The text of the Zimmermann letters, as contained in the report of the 
Committee on Foreign Affairs, is as follows : 

Berlin, January 19, 1917. 

On the first of February we intend to begin submarine warfare unrestricted. 
In spite of this it is our intention to endeavor to keep neutral the United States 
of America. 

If this attempt is not successful we propose an alliance on the following 
basis with Mexico: That we shall make war together and together make peace. 
We shall give general financial support, and it is understood that Mexico is to 
reconquer the lost territory in New Mexico, Texas, and Arizona. The details 
are left to you for settlement. 

You are instructed to inform the President of Mexico of the above in the 
greatest confidence as soon as it is certain there will be an outbreak of war 
with the United States, and suggest that the President of Mexico on his own 
initiative should communicate with Japan suggesting adherence at once to this 
plan; at the same time offer to mediate between Germany and Japan. 

Please call to the attention of the President of Mexico that the employment 
of ruthless submarine warfare now promises to compel England to make peace 
in a few months. 

( Signed ) Zimmermann. 

It was therefore under the eyes of Congress, as it was in the mind 
of the President and in the heart of the American people. Without 
it there were causes of war, with it there was slight chance that war 
could be avoided. It is doubtful whether it would have produced war 
if there had not been other and impelling reasons for the resort to 
arms. It is doubtful if it can properly be included among the causes 
of the war, certainly it was not a distinct cause; it was rather the 
culmination of a series of unfriendly acts and it showed the spirit and 
purpose with which those acts had been committed. It was rather a 



INTRODUCTION xvii 

matter of aggravation, throwing fuel on the flames, than creating of 
itself a conflagration. 

The President properly stated in his address of April 2d to the 
Congress that he was assuming a grave responsibility in recommending 
a declaration of the existence of a state of war against the Imperial 
German Government, for the day has long since passed, at least in 
democratic countries, where the head of a state, whether he be mon- 
arch or president, can go to war as the king went a-hunting. War 
may be an imperial, it is no longer a royal, sport, and it never has 
been and it never will be, it is to be hoped, a presidential one. War 
is ordinarily declared in a moment of excitement and reason is likely 
to be swayed by enthusiasm; but we cannot to-day in democracies 
justify a declaration of war unless the cause be just, and, however we 
may deceive ourselves, we cannot deceive posterity, which passes alike 
upon the acts of autocrat, constitutional monarch, president, and 
people. We must decide according to our knowledge of present con- 
ditions and according to these conditions our actions are to be judged 
in the first instance, but the future must finally decide the question. 

The President has stated the case of the United States against the 
Imperial Government clearly and in detail. He enumerated the 
special reasons which, in his opinion, would be a proper cause of 
armed action. He has searched his own heart and the conscience of 
the American people, that the motives and objects of the war may not 
only justify but require in the given circumstances and conditions 
the declaration of a state of war. It is indeed a grave responsibility 
which the President assumed in recommending the war, which the 
Congress assumed in declaring its existence, and which the people 
of the United States assumed in carrying it on. 

We believe that the reasons given are causes, not pretexts, that 
the motives and purposes are sincere and sufficient; but on all these 
matters posterity has the final word — for whether we will or no, 
"Die Weltgeschichte ist das Weltgericht. " 

James Brown Scott. 



TABLE OF CONTENTS 



TABLE OF CONTENTS 



Pabt I. 



DECLARATION OF LONDON. 



From and to Whom. 

The Secretary of 
State to Ambassa- 
dor Gerard 
( telegram ) 



Ambassador Gerard 
to the Secretary of 
State 

( telegram ) 

The Secretary of 
State to Ambassa- 
dor Gerard 
(telegram) 



Date. 

1914. 
Aug. 6 



Aug. 22 



Oct. 24 



Subject. 

Instructed to suggest to the German 
Government the advisability of the 
observance of the Declaration of 
London and ascertain if that govern- 
ment is willing to do so 



Page. 



Reports German 
conform to the 

Declaration of London if other bel- 
ligerents will agree to do so 



Government will 
provisions of the 



Instructed to inform German Gov- 
ernment that suggestion relative to 
the Declaration of London is with- 
drawn as some of the belligerents 
are unwilling to accept the Declara- 
tion without modifications, and that 
the rights and duties of the Govern- 
ment and citizens of the United 
States will be governed by the exist- 
ing rules of international law 



Part II. 
CONTRABAND OF WAR. 



From and to Whom. 

Ambassador Gerard 
to the Secretary of 
State 

( telegram ) 



The German Ambas- 
sador to the Secre- 
tary of State 

Ambassador Gerard 
to the Secretary of 
State 

( telegram ) 



Date. 

1914. 

Sept. 4 



Oct. 22 



Nov. 19 



Subject. 

Transmits list of articles which Ger- 
man Government intends to treat as 
contraband of war in pursuance of 
German Prize Ordinance printed in 
Reichsgesetzhlatt, No. 4, 1914 

States that German Government has 
declared copper and lead to be con- 
ditional contraband 

States German Government has de- 
clared all rough or unworked lum- 
ber conditional contraband, with cer- 
tain exceptions 



2-3 



3-4 



XX 

Fbom and to Whom. 

Ambassador Gerard 
to the Secretary of 
State 

( telegram ) 

Ambassador Gerard 
to the Secretary of 
State 



Ambassador Gerard 
to the Secretary of 
State 



Ambassador Gerard 
to the Secretary of 
State 



Ambassador Gerard 
to the Secretary of 
State 



TABLE OF CONTENTS 

Date. Subject. 
1914. 
Nov. 23 Transmits additional list of articles 
which German Government has de- 
clared conditional contraband 



Page. 



Nov. 23 



Dec. 3 



Dec. 8 



Dec. 15 



Transmits translations of two notes 
from German Foreign Office giving 
additional lists of articles declared 
conditional contraband of war 

Transmits note from German For- 
eign Office stating that quebracho 
wood will be treated as conditional 
contraband 

Transmits translation of proclama- 
tion of German Government declar- 
ing wood, cylinder tar, sulphur and 
sulphuric acid conditional contra- 
band 

Transmits translation of notes giving 
additional list of articles declared 
conditional contraband 



4-5 



5-6 



6-7 



7-8 



Ambassador Gerard 
to the Secretary of 
State 



1915. 
Apr. 26 



Transmits Reiclisgesetzblatt, No. 49, 
1915, with translation, containing 
modifications of and amendments to 
the German Prize Ordinance of 
September 30, 1909 



8-11 



From and to Whom. 

Ambassador Gerard 
to the Secretary of 
State 



The German Ambas- 
sador to the Secre- 
tary of State 



Ambassador Page to 
the Secretary of 
State 



Date. 

1914. 

Aug. 7 



Part III. 

MINE AREAS. 

Subject. 

Reports that he is informed by Ger- 
man Foreign Office that German 
ports are strewn with mines and 
skippers are advised against navi- 
gating in ports which foreign forces 
might use as bases 11 

Sept. 10 States that no German port is block- 
aded, that the North Sea has not 
been infested with mines by Ger- 
many, and gives sailing directions 
for neutral ships bound for German 
ports 11-12 

Sept. 28 Transmits protest by the British Gov- 
ernment against methods pursued by 
German Government in mining the 
North Sea 12-14 



TABLE OF CONTENTS 



xxi 



From and to Whom. 

Ambassador Gerard 
to the Secretary of 
State 



Ambassador Gerard 
to the Secretary of 
State 



Date. 

1914. 

Nov. 13 



Nov. 17 



Subject. Page. 

Transmits the Reply of the German 
Government to the protest of the 
British Government against the lay- 
ing of German mines 14-17 

Transmits communication from Ger- 
man Foreign Office relative to the 
Regulations for navigation in the 
German Bay of the North Sea, with 
copies of the Nachrichten fiir See- 
fahrer 17-19 



The Secretary of Dec. 8 
State to Ambassa- 
dor Gerard 



Ambassador Gerard 
to the Secretary of 
State 

Ambassador Gerard 
to the Secretary of 
State 

Ambassador Gerard 
to the Secretary of 
State 



1915. 
Feb. 22 



Ambassador Gerard Feb. 25 
to the Secretary of 
State 



States that a copy of the German 
reply to the British protest against 
German mines in the North Sea had 
been forwarded to the American Am- 
bassador at London for transmission 
to the British Foreign Office 



Reports the Steamer Evelyn sunk , 



Feb. 25 Reports Steamer Carib sunk. 



Reports further particulars as to 
sinking of the Steamer Evelyn 



20 
20 



Feb. 22 Reports further particulars as to the 

sinking of the Steamer Evelyn 20 



21 



21 



The German Ambas- Mch. 1 
sador to the Secre- 
tary of State 



Ambassador Gerard Mch. 2 
to the Secretary of 
State 



States that the Steamers Evelyn and 
Carib were lost in the North Sea 
because they followed instructions of 
a boarding officer of the British 
navy, instead of directions given in 
the Nachrichten fur Seefahrer 21 

Reports that the Captains of the 
Steamers Evelyn and Carib state 
that the steamers state that no sail- 
ing directions were given them by 
boarding officer of British navy, and. 
that the vessels ran on a mine field. 22 



The German Ambas- Mch. 
sador to the Secre- 
tary of State 



26 Replies to the note from the Secre- 
tary of State relative to the sinking 
of the Steamers Evelyn and Carib . . 



Ambassador Gerard Apr. 12 
to the Secretary of 
State 



Transmits translation of note re- 
ceived from the German Foreign Of- 
fice relative to the sinking of the 
Steamers Evelyn and Carib 



22-23 



23 



XX11 



TABLE OF CONTENTS 



From and to Whom. 

The German Ambas- 
sador to the Secre- 
tary of State 



Part IV. 
SUBMARINE WARFARE. 



Date. 

1915. 

Feb. 6 



Subject. Page. 

States Germany will oppose sending 
British troops to France by every 
means. Warns peaceful ships ap- 
proaching north and west coasts of 
France. North Sea vessels advised 
to steer around Scotland 24 



Ambassador Gerard 
to the Secretary of 
State 



Feb. 6 Transmits proclamation of German 

Admiralty of February 4, 1915, 
declaring a war zone the waters 
around Great Britain and Ireland.. 



24-27 



The Secretary of Feb. 10 
State to Ambassa- 
dor Gerard 



The German Min- Feb. 16 
ister for Foreign 
Affairs to Ambas- 
sador Gerard 



Instructs him to address note to 
German Foreign Office protesting 
against German Admiralty Procla- 
mation of February 4, 1915 27-29 

Answer of Germany to American pro- 
test against German Admiralty 
Proclamation of February 4, 1915.. 29-35 



The Secretary of 
State to Ambassa- 
dor Gerard 



Feb. 20 Instructs him to address note to Ger- 
man Foreign Office presenting draft 
of agreement between Germany and 
Great Britain relative to maritime 
warfare 



35-37 



Ambassador Gerard Mch. 1 
to the Secretary of 
State 

Ambassador Gerard Mch. 2 
to the Secretary of 
State 



Ambassador W. H. Mch. 15 
Page to the Secre- 
tary of State 



Ambassador Gerard May 9 
to the Secretary of 
State 



The Secretary of May 13 
State to Ambassa- 
dor Gerard 



Transmits reply of German Govern- 
ment to American note of February 
20, 1915 37-38 

Incloses copy of translation of Note 
Verbale of German Foreign Office, 
relative to extent of war zone. Shet- 
land Islands in war zone but Faroe 
Isles not endangered 39 

Reply of Great Britain to American 
note of February 22, 1915. Declares 
intention of stopping supplies of 
every kind to or from Germany. . . . 39-43 

Transmits statement of 'German For- 
eign Office relative to attacks made 
by mistake on neutral vessels by 
German submarines 43-44 

Transmits note for communication to 
German Foreign Office protesting 
against violation of American rights 
on the high seas, culminating in 
sinking of Lusitarvia 44-47 



TABLE OF CONTENTS 



Fbom and to Whom. 

The German Min- 
ister for Foreign 
Affairs to Ambas- 
sador Gerard 

The German Min- 
ister for Foreign 
Affairs to Ambas- 
sador Gerard 



Date. 
1915. 

May 28 



June 1 



Subject. 

Transmits reply to American protest 
of May 13, 1915, relative to sub- 
marine warfare and sinking of the 
Lusitcmia 

Further reply to American note of 
May 13, 1915, relative to sinking of 

Gulflight and attack on Cuahing. . . . 



XXlll 
Page. 

47-50 
50-51 



The Secretary of June 2 
State to Ambassa- 
dor Gerard 

The Secretary of June 9 
State, ad interim to 
Ambassador Gerard 

The German Min- July 8 
ister for Foreign 
Affairs to Ambas- 
sador Gerard 



Asks whether report of attack on S. 
S. Nebraskan has been received by 
German Government 52 

Transmits for communication to Ger- 
man Foreign Office, second note on 
sinking of Lusitcmia 52-50 

Reply to American note of June 9, 
1915, relative to sinking of Lusi- 
tania 50-60 



Ambassador Gerard July 12 
to the Secretary of 
State 

The Secretary of July 21 
State to Ambassa- 
dor Gerard 

The Secretary of July 31 
State to Ambassa- 
dor Gerard 



Transmits memorandum from Ger- 
man Foreign Office on sinking of 
Nebraskan 60-61 

Transmits note for communication to 
German Foreign Office relative to 
second Lusitania note 61-63 

Instructs him to report on facts re- 
lating to sinking of Leelanaw 64 



The German Ambas- 
sador to the Secre- 
tary of State 



Aug. 24 Communicates instruction from his 
government to the effect that no of- 
ficial information as to sinking of 
Arabic is available; regrets if Amer- 
ican lives were lost 



64 



The German Ambas- Sept. 1 
sador to the Secre- 
tary of State 



The German Ambas- Sept. 4 
sador to the Secre- 
tary of State 

Ambassador Gerard Sept. 7 
to the Secretary of 
State 



Refers to conversation of even date 
and states that his government has 
instructed him to say that liners 
will not be sunk without warning 
and without safeguarding the lives 
of non-combatants, provided they do 
not try to escape or offer resistance 64-65 

States that English merchant vessels 
fired on German submarines without 
challenge of any kind 65 

Transmits report of the German Gov- 
ernment on the sinking of the 
Arabic 65-66 



XXIV 



TABLE OF CONTENTS 



Fbom and to Whom. 

Ambassador Gerard 
to the Secretary of 
State 



Date. 

1915. 

Sept. 11 



Subject. Page. 

Transmits note from Imperial For- 
eign Office inclosing report of attack 
on Steamer Orduna 67-68 



The Secretary of 
State to Ambassa- 
dor Gerard 



Sept. 14 Instructed to deliver summary of evi- 
dence on file in the Department in 
regard to the sinking of the Arabic 



68-69 



The German Ambas- 
sador to the Secre- 
tary of State 



Oct. 5 



The Secretary of 
State to the Ger- 
man Ambassador 



Ambassador Gerard 
to the Secretary of 
State 



Ambassador Gerard 
to the Secretary of 
State 

Ambassador Gerard 
to the Secretary of 
State 

The Secretary of 
State to Ambassa- 
dor Gerard 



The German Ambas- 
sador to the Secre- 
tary of State 



Ambassador Gerard 
to the Secretary of 
State 

The German Ambas- 
sador to the Secre- 
tary of State 



Oct. 6 



Oct. 19 



Oct. 19 



Oct. 30 



Nov. 30 



1916. 
Jan. 7 



Jan. 17 



Mch. 8 



Communicates instructions of German 
Government in regard to the sinking 
of the Arabic. German commander 
convinced the Arabic intended to 
ram submarine. Imperial Govern- 
ment regrets and disavows this act 
?nd is prepared to pay indemnity. 
New orders so stringent that recur- 
rence of incidents similar to Arabic 
case out of the question 70 

Accepts the regrets and disavowal of 
Imperial Government in case of the 
Arabic, and is prepared to negotiate 
in regard to the indemnity 70-71 

Reports receipt of note from foreign 
office, dated October 16, relating cir- 
cumstances of the destruction of the 
Leelanaw, citing justification. In 
addition acknowledges applicability 
of treaty 71 

Transmits note of Foreign Office in 
regard to the destruction of the 
Leelanaw 71-73 

Transmits note from Foreign Office 
containing a discussion of the sink- 
ing of the Arabic 73-74 

Instructs him to inform Foreign Of- 
fice that the United States objects 
to the resort to Prize Court in Lee- 
lanaw case, and suggests settlement 
by diplomatic negotiations 74 



Communication from German Govern- 
ment, delivered by German Ambas- 
sador under instructions relative to 
submarine warfare in Mediterranean 74-75 

Reports that Foreign Office states 
that German submarine did not sink 
the Persia 75 

Memorandum from German Embassy 
relative to submarine warfare 75-78 



TABLE OF CONTENTS 



XXV 



From and to Whom. Date. 
1916. 

The Secretary of Mch. 27 
State to Ambassa- 
dor Gerard 



The Secretary of Mch. 28 
State to Ambassa- 
dor Gerard 

The Secretary of Mch. 29 
State to Ambassa- 
dor Gerard 



The Secretary of Apr. 1 
State to Ambassa- 
dor Gerard 

The Secretary of Apr. 1 
State to Ambassa- 
dor Gerard 

Ambassador Gerard Apr. 11 
to the Secretary of 
State 



The Secretary of Apr. 18 
State to Ambassa- 
dor Gerard 



Subject. Page. 

Instructs him to inquire of Foreign 
Office whether a submarine belong- 
ing to Germany or her allies, sunk 
the Sussex 78 

Instructs him to inquire of Foreign 
Office whether the Englishman was 
sunk by Germany or her allies 78 

Instructs him to inquire of Foreign 
Office whether the Manchester En- 
gineer was sunk by Germany or her 
allies 79 

Instructs him to inquire of Foreign 
Office whether the Eagle Point was 
sunk by Germany or her allies. ... 79 

Instructs him to inquire of Foreign 
Office whether the Berwindvale was 
sunk by Germany or her allies 79 

Transmits note of German Foreign 
Office, replying to the notes on the 
subject of the Sussex, Manchester 
Engineer, Englishman, Berwindvale 
and Eagle Point 80-82 

Instructs him to deliver German For- 
eign Office communication on the 
Sussex, with statement of facts in 
the case 82-89 



Ambassador Gerard 
to the Secretary of 
State 



The Secretary of 
State to Ambassa- 
dor Gerard 



The German Ambas- 
sador to the Secre- 
tary of State 



The Secretary of 
State to Ambassa- 
dor Gerard 



May 4 Transmits reply of German Govern- 

ment relative to the Sussex, an- 
nouncing that in future, merchant 
vessels within and without the war 
zone shall not be sunk without warn- 
ing and without safeguarding hu- 
man lives, unless these ships at- 
tempt to escape or offer resistance 90-94 

May 8 Instructs him to accept German Gov- 
ernment's declaration of abandon- 
ment of submarine policy and to 
state that it is taken for granted 
that this policy is not contingent on 
other diplomatic negotiations 94-95 

May 12 Informs Department of Bandoeing in- 
cident; warns masters of neutral 
ships of danger incurred by turning 
their ships on a submarine 95 

Aug. 16 Instructs him to call attention of For- 
eign Office to attack on Owego 96 



XXVI 

From; and to Whom. 

Ambassador Gerard 
to the Secretary of 
State 

The Secretary of 
State to Ambassa- 
dor Gerard 

The Secretary of 
State to Ambassa- 
dor Gerard 

The Secretary of 
State to Charge 
Grew 



Charge" Grew to the 
Secretary of Stat* 



The Secretary of 
State to Charge" 
Grew 

The Secretary of 
State to Ambassa- 
dor Gerard 

The Secretary of 
State to Charg6 
Grew 

The Secretary of 
State to Charge 
Grew 

Charge Grew to the 
Secretary of State 



Charge Grew to the 
Secretary of State 

Charge Grew to the 
Secretary of State 

Charge Grew to the 
Secretary of State 

The Secretary of 
State to Charge 
Grew 

The Secretary of 
State to Charge 
Grew 

The Secretary of 
State to Charge 
Grew 



TABLE OF CONTENTS 

Date. Subject. Page. 

1916. 
Aug. 27 Transmits note relative to attack on 

the Owego 96-97 

Sept. 18 Instructs him to deliver communica- 
tion relative to the attack on the 
Owego 97 

Sept. 29 Instructs him to submit statement to 
the Foreign Office relative to attack 
upon the Owego 98-99 

Oct. 30 Instructs him to call attention of 
German Government to sinking of 
Rowan/more by submarine, and asks 
for investigation and report 99-101 

Nov. 3 Transmits note from Foreign Office 
relative to the sinking of the Rowan- 
more and Marina 100 

Nov. 18 Instructs him to call attention of 
German Government to sinking of 
Sebek and Delta 100-101 

Nov. 18 Instructs him to call attention of 
German Government to sinking of 
Lanao 101 

Nov. 18 Instructs him to call attention of 
German Government to sinking of 
Arabia 101 

Nov. 18 Instructs him to call attention of the 
German Government to sinking of 
the Columbian 102 

Nov. 21 Transmits note from Foreign Office 
replying to inquiry in regard to the 
sinking of the Rowanmore 102-103 

Nov. 27 Transmits note from Foreign Office 

relative to the sinking of the Marina 104 

Dec. 4 Transmits note from Foreign Office 

relative to the sinking of the Arabio 105-106 

Dec. 8 Transmits note relative to the sinking 

of the Sebek 106 

Dec. 9 Instructs him to make report relative 

to the sinking of the Barbara 107 

Dec. 9 Instructs him to make report relative 

to the sinking of the Trippel 107 

Dec. 9 Instructs him to make report relative 

to the sinking of the Lokken 107 



TABLE OF CONTENTS 



XXVll 



From and to Whom. 

The Secretary of 
State to Charge 
Grew 

Charge Grew to the 
Secretary of State 

The Secretary of 
State to Chargg 
Grew 

Charge 1 Grew to the 
Secretary of State 



The Secretary of 
State to Charge 
Grew 

Consul Washington 
to the Secretary of 
State 

Ambassador Gerard 
to the Secretary of 
State 

Ambassador Gerard 
to the Secretary of 
State 

Ambassador Gerard 
to the Secretary of 
State 

Ambassador Gerard 
to the Secretary of 
State 

Ambassador Gerard 
to the Secretary of 
State 



Date. Subject. 

1916. 
Pec. 9 Instructs him to make report relative 

to the sinking of the Trevarrick .... 



Dec. 11 



Dec. 12 



Dec. 18 



Dec. 20 



Transmits note from Foreign Office 
relative to the sinking of the Lanao 

Instructs him to inform the Foreign 
Office as to the status of the Marina 



Page. 



108 



108 



109 



Transmits memorandum from Ger- 
man Foreign Office relative to the 
sinking of the Columbian 109-112 

Instructs him to make an additional 
statement to the Foreign Office fur- 
ther as to the status of the Marina. 112 



Dec. 22 Reports attack on the Rebecca Palmer 112-113 



Dec. 27 Transmits report of Foreign Office 

relative to the sinking of the Delto. . 113 

1917. 
Jan. 11 Transmits note from the German For- 
eign Office relative to the sinking of 
the Trippel 114 

Jan. 12 Transmits note relative to the sinking 

of the Lokken 114-115 

Jan. 15 Transmits note relative to the sinking 

of the Barbara 115 

Jan. 29 Transmits note relative to the sinking 

of the Trevarrick 115 116 



Pabt V. 
ARMED MERCHANT VESSELS. 



From and to Whom. 

The Acting Secre- 
tary of State to 
the German Am- 
bassador 



The Secretary of 
State to Ambassa- 
dor Gerard 



Date. 

1914. 

Sept. 19 



Subject. 

Transmits copies of two memoranda 
defining rules which will be followed 
in cases involving status of armed 
merchant vessels visiting ports of 
the United States 116-117 



Sept. 29 Transmits copies of memoranda on 
subject of armed merchant ships, 
with instructions to communicate to 
German Government 118 



xxvm 

Fbom and to Whom. 

Ambassador Gerard 
to the Secretary of 
State 

The Acting Secre- 
tary of State to 
Ambassador Ger- 
ard. 



Ambassador Gerard 
to the Secretary of 
State 



The German Ambas- 
sador to the Secre- 
tary of State 

Ambassador Gerard 
to the Secretary of 
State 



TABLE OF CONTENTS 



Date. 

1914. 

Oct. 15 



Nov. 7 



1916. 
Feb. 14 



Feb. 29 



Apr. 11 



Subject. 



Page. 



Transmits note from German Foreign 
Office on subject of armed merchant 
ships visiting neutral waters 118-119 

Instructs him to inform the German 
Government that United States dis- 
sents from the opinion of German 
Government relative to treatment to 
be accorded to armed merchant ships 
visiting neutral ports 119-120 

Transmits note verbale from Ger- 
man Foreign Office on treatment of 
armed merchantmen, dated Feb- 
ruary 8, 1916, with memorandum 
dated February 10, 1916 120-135 

Advises status of merchant vessels 
and quotes English newspaper re- 
ports on armed merchantmen 135-136 

Transmits Note Verbale from Ger- 
man Foreign Office inclosing official 
order said to have been issued by the 
English Admiralty for armed Eng- 
lish merchant vessels in event of en- 
countering hostile submarines 136-137 



Pabt VI. 
SUPPLIES FOR BELLIGERENT VESSELS. 



Fbom and to Whom. 

The Acting Secre- 
tary of State to 
the German Am- 
bassador 



The German Ambas- 
sador to the Secre- 
tary of State 



Date. 

1914. 

Sept. 19 



Oct. 21 



Subject. 

Incloses two memoranda defining gen- 
eral rules in dealing with cases in- 
volving status of armed merchant 
vessels and with cases of merchant 
vessels suspected of carrying sup- 
plies to belligerent warships from 
American ports 138-140 



States that the tugs F. B. Dalzell and 
G. H. Dalzell carry supplies from 
New York to the British cruiser 
Essex 



140 



The Counselor of Nov. 7 
the Department of 
State to the Ger- 
man Ambassador 



The German Ambas- Nov. 11 
sador to the Coun- 
selor of the De- 
partment of State 



Informs him that the German steam- 
ship Locksun believed to be a tender 
to the German cruiser Geier, will be 
interned at Honolulu if she does not 
leave immediately 



141 



Discusses the dentention of the Lock- 
sun, and inquires on which rule or 
regulation the detention is to be 
based 141-142 



TABLE OF CONTENTS 



XXIX 



From and to Whom. 

The Counselor of 
the Department of 
State to the Ger- 
man Ambassador 

The German Ambas- 
sador to the Secre- 
tary of State 



The Acting Secre- 
tary of State to 
the German Am- 
bassador 



The Secretary of 
State to the Ger- 
man Ambassador 



The German Ambas- 
sador to the Secre- 
tary of State 



The German Ambas- 
bassador to the 
Counselor of State 



The Counselor of 
the Department of 
State to the Ger- 
man Ambassador 



The Secretary of 
State to the Ger- 
man Ambassador 



Date. 

1914. 

Nov. 16 



Nov. 21 



Nov. 23 



Dec. 11 



Dec. 15 



Dec. 21 



Dec. 23 



Dec. 24 



Subject. Page. 

States that the Locksun has been in- 
terned on the principle that she has 
been acting as a tender to the Ger- 
man warship Oeier 142 

Protests against internment of the 
Locksun and compares her status 
with that of the tug Dalzell, which 
she claims carried supplies to the 
British steamer Essex 142-143 

Informs him that the United States 
has not been able to find sufficient 
evidence showing that the tug F. B. 
Dalzell has furnished supplies to 
British warships. The Department 
will be glad to have further investi- 
gation made on the basis of new 
information 143-144 

Informs him the Department must 
adhere to its decision regarding the 
Locksun. Department will be glad 
to receive whatever evidence the Em- 
bassy has that the tug, F. B. Dalzell, 
supplied the British steamer Essex 144-145 

Incloses memorandum from German 
Government stating its contention 
that the delivery of coal and other 
necessaries to warships of belligerent 
States, constitutes a violation of 
neutrality 146-147 

Calls attention to the fact that the 
case of the Locksun is identical with 
those of the British steamships Mal- 
lina and Tremeadow, which served 
as tenders to British cruisers and 
are demanding to be allowed to coal 
in Panama, alleging they have 
ceased to be tenders to British war- 
ships 147 

Informs him that the British steam- 
ships Mallina and Tremeadow have 
been considered by the Canal au- 
thorities as coming under rule 2 of 
the President's Proclamation of No- 
vember 13, 1914, which accords to 
transports or fleet auxiliaries the 
same treatment as that given to the 
belligerent vessels of war 147-148 

Replies to his note of December 15 
and discusses subject of traffic in 
contraband of war and supplies for 
belligerent vessels by citizens of neu- 
tral countries 148-150 



XXX 



TABLE OF CONTENTS 



Part VII. 

GERMAN-AMERICAN TRADE AND THE EXPORTATION OF ARMS AND 

MUNITIONS. 



From and to Whom. 

The German Ambas- 
sador to the Secre- 
tary of State 

The Secretary of 
State to the Ger- 
man Ambassador 



Date. 

1915. 

Apr. 4 



Apr. 21 



Subject. 



Page. 



Transmits memorandum on German- 
American trade and the question of 
delivery of arms 151-153 

Replies to his note of April 4, and 
states the views of the United States 
regarding trade between the United 
States and Germany and exportation 
of arms 153-155 



Past VIII. 

INTERNMENT OF GERMAN VESSELS. 



From and to Whom. 

The Counselor of 
the Department of 
State to the Ger- 
man Ambassador 



The German Ambas- 
sador to the Secre- 
tary of State 

The Secretary of 
State to the Ger- 
man Ambassador 

The Acting Secre- 
tary of State to 
the German Am- 
bassador 



Date. 

1914. 

Oct. 30 



Nov. 11 



Nov. 12 



Nov. 27 



1915 
The Secretary of Mch. 18 
State to the Ger- 
man Ambassador 



The German Ambas- Apr. 8 
sador to the Secre- 
tary of State 

The German Ambas- Apr. 12 
sador to the Secre- 
tary of State 



Subject. 

That the German gunboat Oeier, 
which put into Honolulu for repairs 
on October 15, will be allowed until 
November 6 to make necessary re- 
pairs 156 

Protests against the internment of 
two officers of the Oeier; cites case 
of British Major Robertson 157 

Advises him that the Geier and Lock' 
sun were interned November 8, 1914 157 



Replies to letter of November 11 rela- 
tive to internment of two officers of 
the Geier; case of British Major 
Robertson, — the two incidents have 
no essential resemblance 158-159 



Informs him that the Prinz Eitel 
Friedrich will be allowed until April 
7 to complete repairs and leave the 
territory waters of the United 
States, — or failing in this that she 
will be interned during the continu- 
ance of the war 



Expresses appreciation of courtesies 
accorded Prinz Eitel Friedrich while 
in Newport News 



159 



160 



Asks permission for the German war- 
ship Kronprinz Wilhelm to land at 
Newport News shipyards for repairs 160-161 



TABLE OF CONTENTS 



xxxi 



Fbom and to Whom. 

The Secretary of 
State to the Ger- 
man Ambassador 



Date. 

1915. 

Apr. 21 



Subject. Page. 

Replies to note of the 12th inst., that 
the Kronprmz Wilhelm will be al- 
lowed until April 29 to complete re- 
pairs and leave the territory waters 
of the United States, or failing in 
this that she will be interned during 
the' continuance of the war 161 



Pabt IX. 

ESCAPE OF OFFICERS AND MEN FROM GERMAN SHIPS INTERNED IN 
THE UNITED STATES. 



Fbom and to Whom. 

The Secretary of 
State to the Ger- 
man Ambassador 



Date. 

1915. 

Nov. 16 



The Secretary of Nov. 17 
State to Ambassa- 
dor Gerard 



The German Ambas- Nov. 22 
sador to the Secre- 
tary of State 

The Secretary of Nov. 23 
State to the Ger- 
man Ambassador 

The German Ambas- Nov. 24 
sador to the Secre- 
tary of State 



Subject. 

Calls attention to facts relating to 
escape of certain paroled officers and 
men from interned vessels, and asks 
that any of the men mentioned who 
may now be within German juris- 
diction, or who may hereafter come 
within such jurisdiction be promptly 
returned to this country for intern- 
ment; cites the case of the Russian 
ship Lena interned during the Russo- 
Japanese war 162-164 

Informs him that Department has 
called attention of the German Am- 
bassador to the escape of certain 
paroled officers and men from in- 
terned ships, and to the case of the 
Russian ship Lena interned during 
the Russo-Japanese war. Depart- 
ment asked Ambassador to bring 
facts promptly to the attention of 
the German Government and that 
the German Government will direct 
the prompt return to the United 
States for internment of the escaped 
officers and men who may now be or 
may hereafter come within German 
jurisdiction 164 

Asks that officers and crew of the 
Prinz Eitel Friedrich be spared the 
humiliation of having their photo- 
graphs taken 164-165 

Replies to letter of 22d inst., grant- 
ing the request that the officers and 
crews be not photographed 165 

Replies to letter of the 16th inst., 
relative to the escape of officers and 
men of the interned ships 166 



XXX11 

Fbom and to Whom. 

The Secretary of 
State to Ambassa- 
dor Gerard 



TABLE OF CONTENTS 



Ambassador Gerard 
to the Secretary of 
State 



The Secretary of 
State to Ambassa- 
dor Gerard 



Date. 

1915. 

Dec. 22 



1916. 
Feb. 21 



Mch. 9 



Subject. Page. 

Instructs him to inquire whether the 
attention of the German Foreign Of- 
fice has been called to the escape of 
interned German officers and men by 
the German Ambassador in Wash- 
ington, and to urge the representa- 
tions of the Department be promptly 
replied to by the German Govern- 
ment 167 

Transmits note of Foreign Office rela- 
tive to the escape of officers and 
men from the interned Kronprinz 
Wilhelm and Prinz Eitel Friedrich. . 167-168 

Acknowledged the reply of the Ger- 
man Foreign Office relative to the 
escape of the officers and men of 
the German interned men and in- 
structs him to present the views of 
the United States and to say that 
the Department will be glad of an 
early reply 168-169 



Pabt X. 

ATTEMPT OF GERMAN SHIP ODENWALD TO SAIL WITHOUT 
CLEARANCE PAPERS. 



Fbom and to Whom. 

The German Ambas- 
sador to the Secre- 
tary of State 



The Secretary of 
State to the Ger- 
man Ambassador 



Date. 

1915. 

Apr. 1 



May 3 



Subject. 

Asks why her papers were not de- 
livered to the Odenwald, although 
two searches of the ship showed no 
ground upon which to refuse said 
papers. Protests that the action of 
the harbor authorities in opening 
fire on the steamer without warning 
not justified under circumstances.. 



170-171 



Replies to his note of April 1, 1915, 
in relation to the refusal of the 
Collector of Customs in San Juan, 
Porto Rico, to clear the steamer 
Odemvald to Hamburg 171-174 



Pabt XL 
CASE OF THE WILLIAM P. FRYE. 



Fbom and to Whom. 

The Secretary of 
State to Ambassa- 
dor Gerard 



Date. 

1915. 

Mch. 31 



Subject. 

Instructs him to present claim of 
owners and captain for destruction 
of the American ship William P. 
Frye by the German cruiser Prinz 
Eitel Friedrich 175-176 



TABLE OF CONTENTS 



XXXlll 



From and to Whom. 

Ambassador Gerard 
to the Secretary of 
State 



Date. 

1915. 

Apr. 5 



Subject. Pagei. 

Transmits the reply of the German 
Foreign Office regarding claim for 
the sinking of the William P. Frye. 
Prize proceedings will be instituted 
before the Prize Court at Hamburg 176-177 



The Secretary of 
State w> Ambassa- 
dor Gerard 



Apr. 28 Instructs him to inform the German 
Foreign Office that the United States 
prefers the William P. Frye claim 
should be settled by diplomatic ne- 
gotiations and not be submitted to a 
prize court as suggested 178-179 



Ambassador Gerard 
to the Secretary of 
State 



June 7 Transmits further reply of the Ger- 
man Foreign Office in the case of 
the William P. Frye 179-180 



The Secretary of 
State to Ambassa- 
dor Gerard 



June 24 Instructs him to inform German For- 
eign Office that the United States 
objects to resorting to prize court 
in the William P. Frye case, and to 
suggest settlement by direct diplo- 
matic negotiations 181-184 



Ambassador Gerard 
to the Secretary of 
State 



July 30 Transmits note from German For- 
eign Office relative to the case of the 
William P. Frye. Suggests appoint- 
ment of experts to fix amount of 
indemnity. Acknowledges treaty 
stipulations obliging German Gov- 
ernment to make compensation for 
damages sustained by American citi- 
zens. Prize court found cargo was 
contraband and sinking justified . . . 



184-187 



The Secretary of 
State to Ambassa- 
dor Gerard 



Aug. 10 Instructs him to inform German For- 
eign Office that terms in the case of 
the William P. Frye settlement are 
acceptable and suggests appointment 
of umpire 188-189 



Ambassador Gerard 
to the Secretary of 
State 



Sept. 20 Transmits note from Foreign Office 
relative to case of the William P. 
Frye. German Government objects 
to the nomination of an umpire. 
Names Dr. Kepny, German expert — 
suggests compromis being negotiated 
between the German Foreign Office 
and the American Embassy in Ber- 
lin. Has issued orders to naval 
forces not to destroy American mer- 
chantmen loaded with conditional 
contraband if it is not possible to 
take them into port 189-191 



XXXIV 

Fbom and to Whom. 

The Secretary of 
State to Ambassa- 
dor Gerard 



TABLE OF CONTENTS 



Date. 

1915. 

Oct. 12 



Subject. 



Page. 



Instructs him to inform the Foreign 
Office that the United States concurs 
in the view that it is not necessary 
to nominate an umpire in advance; 
concurs in suggestion that negotia- 
tions relative to the compromis be 
conducted by the Foreign Office and 
the American Ambassador 191-193 



Ambassador Gerard 
to the Secretary of 
State 



Dec. 2 Transmits note from Foreign Office 
in reply to note of October 12, 1915, 
relative to the sinking of the 
William P. Frye, with copy of draft 
compromis submitted by Foreign 
Office 193-196 



Part XII. 

CASE OF THE BRITISH STEAMSHIP APPAM, CAPTURED BY GERMAN 
NAVAL FORCES AND BROUGHT BY A PRIZE CREW INTO NEW- 
PORT NEWS, VA. 



Fbom and to Whom. 

The German Ambas- 
sador to the Secre- 
tary of State 



Date. 

1916. 

Feb. 2 



Subject. 

Reports arrival at Newport News, 
Va., of the British steamship Ap- 
pam, captured by the German 
cruiser Moewe; requests internment 
of military party of the enemy as 
well as the crew of the ship 



197 



Memorandum from 
the German Em- 
bassy 



Feb. 8 Holds that the Appam is not an aux- 
iliary cruiser but a prize to be dealt 
with according to Article 19 of 
Prusso-American Treaty of 1799. 
Article 21 of Hague Convention con- 
cerning neutrality at sea not appli- 
cable 197-198 



The German Ambas- 
sador to the Secre- 
tary of State 



Feb. 22 Reports the filing of a libel against 
the Appam, — protests against the 
action of the United States and asks 
that necessary steps be taken to 
secure the dismissal of the libel. . . . 



198-199 



The Secretary of 
State to the Ger- 
man Ambassador 



Mch. 2 Discusses the status of the Appam. 
States that the United States does 
not consider Article 19 of the Treaty 
of 1799 is applicable and adds that 
the Attorney General will present 
to the Court a copy of the Am- 
bassador's note 199-202 



TABLE OF CONTENTS 



XXXV 



From and to Whom. 

The German Ambas- 
sador to the Secre- 
tary of State 



The German Ambas- 
sador to the Secre- 
tary of State 



Date. 

1916. 

Mch. 14 



Subject. 



Page. 



Mch. 16 



States that the commander of the 
Appam objects to her being taken 
to a wharf. In view of the fact that 
the district attorney did not ask 
for a dismissal of the libel on 
March 7, requests that he be not 
asked to appear again 202-203 

Incloses memorandum from his gov- 
ernment and requests that construc- 
tion of the Treaty of 1799 be re- 
ferred to the Hague Court of 
Arbitration 204-205 



The Secretary of 
State to the Ger- 
man Ambassador 



Apr. 7 Discusses application of Article 19 
of the Treaty of 1799 to the case of 
the Appam; cannot accept proposal 
to refer interpretation of Treaty to 
the Permanent Court of Arbitration 
at 205-207 



Part XIII. 
NON-CONTRABAND CHARACTER OF HYDROAEROPLANES. 



From and to Whom. 

The German Ambas- 
sador to the Secre- 
tary of State 

The Secretary of 
State to the Ger- 
man Ambassador 



Date. 

1915. 

Jan. 19 



Jan. 29 



Subject. 

Protests against the sale of hydro- 
aeroplanes to belligerent states 



208 



Replies to his note of 19th inst., and 
states that the Department does not 
consider hydro-aeroplanes or other 
air-craft as vessels of war 209-210 



Part XIV. 

RECALL OF CAPTAIN VON PAPEN, MILITARY ATTACHE, AND CAP- 
TAIN BOY-ED, NAVAL ATTACHE, OF THE GERMAN EMBASSY AT 
WASHINGTON. 



From and to Whom. 

The Secretary of 
State to the Ger- 
man Ambassador 



The Secretary of 
State to the Ger- 
man Ambassador 



Date. 

1915. 

Dec. 4 



Dec. 10 



Subject. 

Confirms conversation and requests 
recall of Captain Boy-Ed, Naval 
Attache, and Captain von Papen, 
Military Attache 210-211 

Refers to request for recall of Cap- 
tain Boy-Ed, Naval Attache", and 
Captain von Papen, Military At- 
tache, and urges immediate action. . 211 



XXXVI 

Fbom and to Whom. 

The German Ambas- 
sador to the Secre- 
tary of State 



The Secretary of 
State to the Ger- 
man Ambassador 



The Secretary of 
State to the Ger- 
man Ambassador 



The Secretary of 
State to the Ger- 
man Ambassador 



TABLE OF CONTENTS 



Date. 

1915. 

Dec. 10 



Dec. 11 



Dec. 15 



Dec. 18 



Subject. Page. 

Informs him that the Emperor has 
been pleased to recall Captain 
Boy-Ed and Captain von Papen, and 
asks for safe conduct for their re- 
turn to Germany 212 

Acknowledges receipt of note of 10th 
inst. and states safe conducts have 
been asked for return to Germany of 
Captain Boy-Ed and Captain von 
Papen 212 

Advises him that the British and 
French Ambassadors have arranged 
for safe conducts for the return to 
Germany of Captain Boy-Ed and 
Captain von Papen 213 

Transmits authenticated copies of 
notes from British and French Am- 
bassadors, which will be regarded as 
safe conducts for Captain Boy-Ed 
and Captain von Papen; passport 
for each inclosed 213 



Part XV. 

TRANSMISSION OF MAIL OF AMERICAN DIPLOMATIC AND CONSULAR 

OFFICERS. 



From and to Whom. 

The Secretary of 
State to Ambassa- 
dor Gerard 



The Secretary of 
State to Ambassa- 
dor Gerard 



Date. 

1914. 

Nov. 25 



1916. 
Apr. 23 



Subject. 

Submits proposed regulations for 
transmission of diplomatic mail for 
American diplomatic and consular 
officers in belligerent territory 



214 



Transmits Department's regulations 
for transmission of diplomatic and 
consular correspondence 214-215 



Part XVI. 
CENSORSHIP OF TELEGRAMS. 



From and to Whom. Date. 

1914. 

Ambassador Gerard Dec. 4 

to the Secretary of 

State 



Subject. 

Forwards request of Foreign Office 
that steps be taken to secure unin- 
terrupted transmission of messages 
referring to cotton transactions. . . . 



215 



TABLE OF CONTENTS 



XXXVll 



Part XVII. 

DISPLAY BY NAVAL VESSELS OF DISTINGUISHING MARKS ON THE 

HIGH SEAS. 



Fbom and to Whom. Date. 
1915. 

The German Ambas- Dec. 1 
sador to the Secre- 
tary of State 



The Secretary of 
State to the Ger- 
man Ambassador 



Dec. 10 



1916. 
Ambassador Gerard Jan. 24 
to the Secretary of 
State 



Subject. Page. 

Asks that orders be issued to Amer- 
ican warships in the Mediterranean 
to display the national flag by day 
and keep ship and flag lighted by 
night in order to avoid being mis- 
taken for warships of States at war 
with Central Powers 216 

Declines to issue orders as suggested 
in letter of December 1, and incloses 
letter from the Secretary of the 
Navy indicating reasons 216-217 

Reports that he informed German 
Foreign Office of refusal of United 
States to comply with request of 
German Ambassador as to display 
by naval vessels of flag by day and 
night, and incloses reply of Foreign 
Office 218-219 



Part XVIII. 

AMERICAN PRISONERS OF WAR TAKEN TO GERMANY ON GERMAN 
PRIZE SHIP YARROWDALE. 



From and to Whom. 

American Ambassa- 
dor to the Secre- 
tary of State 



Date. 

1917. 

Jan. 19 



Subject. 

Reports arrival of prize ship Yarrow- 
dale at Swindemunde with 469 pris- 
oners, among whom were 103 neu- 
trals 



220 



The Secretary of Jan. 22 
State to Ambassa- 
dor Gerard 



Ambassador Gerard Jan. 24 
to the Secretary of 
State 



Ambassador Gerard Jan. 26 
to the Secretary of 
State 



Instructs him to telegraph at once 
if there were any American citizens 
among the Yarrowdale prisoners, 
and if so to furnish names and ad- 
dresses 220 

Reports that he requested informa- 
tion of German Foreign Office as to 
whether there were any Americans 
among the Yarrowdale prisoners. 
No answer having been received, an- 
other request had been sent 220 

Reports that a correspondent had as- 
certained from an Under Secretary 
of State that there were some 
Americans among Yarrowdale pris- 
oners. No answer from Foreign Of- 
fice to his notes of January 20, 24, 
25, and 26 221 



XXXV111 



TABLE OF CONTENTS 



From and to Whom. 

.Ambassador Gerard 
to the Secretary of 

State 



Date. 

1917. 

Jan. 30 



Subject. Page. 

Transmits note from German Foreign 
Office stating there are American 
citizens among the Yarrowdale pris- 
oners. Further advice will be sent. . 221 



Ambassador Gerard 
to the Secretary of 
State 



Feb. 1 Transmits list of Americans brought 
to Swindemunde on prize ship Yar- 
rowdale 



222 



Ambassador Gerard 
to the Secretary of 
State 



Feb. 4 Reports that German Foreign Office 
informed him that American pris- 
oners taken on the Yarrowdale 
would be released at once, as it was 
not known at the date of their sail- 
ing that Germans would treat armed 
merchantmen as warships 



222-223 



The Minister of 
Switzerland in 

charge of German 
interests in Amer- 
ica, to the Secre- 
tary of State 



Feb. 12 Transmits communication from Ger- 
man Government to the effect that 
the release of Yarrowdale prisoners 
is conditional on the German vessels 
in American waters not being seized 
and crews interned 



223 



Ambassador Willard 
to the Secretary of 
State 



Feb. 17 Spanish Minister for Foreign Affairs 
states that the German Minister for 
Foreign Affairs informed the Spanish 
Ambassador at Berlin that Amer- 
ican prisoners brought in by Yar- 
rowdale and such other non-bellig- 
erents would be set at liberty within 
a very short time 



223 



The Secretary of 
State to Ambassa- 
dor Willard 



Feb. 20 Instructs him to make formal demand 
for release of the Yarrowdale prison- 
ers. If not promptly released and 
allowed to cross frontier, Govern- 
ment of the United States will con- 
sider what measures may be neces- 
sary to obtain satisfaction 223-224 



Ambassador Willard 
to the Secretary of 
State 



Feb. 25 Reports that Foreign Office states 
that Yarrowdale prisoners had been 
released on February 16 



224 



The Secretary of 
State to Ambassa- 
dor Willard 



Feb. 27 Instructs him to make full report 
as regards Yarroicdale prisoners, 
why they were held; present where- 
abouts, and if then in Germany what 
arrangements for their departure 
were being made 



224 



TABLE OF CONTENTS 



XXXIX 



From and to Whom. 

Ambassador Willard 
to the Secretary of 
State 



Date. 

1917. 

Mch. 2 



Subject. 



Page. 



Reports Yarrowdale prisoners had 
been released February 16 and were 
making preparations to leave Ger- 
many when an English member of 
crew contracted typhus; prisoners 
quarantined at Brandenburg; no 
other members of party attacked; 
will probably leave by Switzerland 
March 7. German Minister for For- 
eign Affairs had requested Spanish 
physician to verify truth of above 
facts. Spanish Ambassador ordered 
doctors to go to Brandenburg and 
make prompt report thereof 224-225 



The Minister of Mch. 2 
Switzerland in 

charge of German 
interests in Amer- 
ica, to the Secre- 
tary of State 



Reports transfer of Yarrowdale pris- 
oners to Swiss frontier will prob- 
ably take place March 7. Two doc- 
tors and two veterinaries from 
Yarrowdale who were in officer 
prison camp at Karlsruhe arrived at 
Warnemunde for departure to Den- 
mark 



225 



Minister Eagan to Mch. 3 
the Secretary of 
State 



Ambassador Willard Mch, 7 
to the Secretary of 
State 



Reports arrival in Copenhagen, 
March 1, of four American medical 
officers released from Karlsruhe 
prison camp February 27 225-226 

Reports Spanish Embassy doctor vis- 
ited Yarrowdale prisoners at Bran- 
denburg and approved quarantine. 
Doctor further stated men had no 
complaint to make other than of 
diet 226 



Ambassador Willard Mch. 12 
to the Secretary of 
State 

Minister Stovall to Mch. 12 
the Secretary of 
State 



Reports 59 Yarrotcdale prisoners left 
Germany via Sweden, and one other 
from another camp was also released 227 

Reports arrival in Zurich March 11, 
of fifty-nine Yarrowdale prisoners.. 227 



Minister Stovall to 
the Secretary of 
State 



Mch. 16 Informs Department of receipt of re- 
port from the Consul General at 
Zurich that no complaint was made 
of Yarrotcdale prisoners of their 
treatment at high seas or at Swine- 
munde. Treatment at Brandenburg 
very harsh. Knew nothing of any 
contagious diseases 



227 



Minister Stovall to 
the Secretary of 
State 



Mch. 18 Reports having personally conversed 
with released Yarrowdale prisoners, 
as to treatment received by them 
and submits report 227-228 



xl 



TABLE OF CONTENTS 



From and to Whom. 

Ambassador Willard 
to the Secretary of 
State 



Date. 

1917. 

Mch. 18 



Subject. Page. 

Reports Harlington, last American 
Yarroiodale prisoner left for Den- 
mark by Warnemunde 13th inst. . . . 228 



Past XIX. 

STATUS OF AMERICAN CONSULAR OFFICERS IN BELLIGERENT 
TERRITORY OCCUPIED BY ENEMY TROOPS. 



From and to Whom. Date. 

1914. 

Ambassador Gerard Dec. 4 

to the Secretary of 

State 



The Belgian Min- 
ister to the Secre- 
tary of State 



Dec. 28 



1915. 
Ambassador Gerard Jan. 11 
to the Secretary of 
State 



The Secretary of Jan. 21 
State to Ambassa- 
dor Gerard 



The Secretary of Jan. 25 
State to the Bel- 
gian Minister 



The Belgian Min- Feb. 13 
ister to the Secre- 
tary of State 



Subject. 

Transmits Note Verbale from For- 
eign Office stating position of Ger- 
man Government as to recognition 
of consular officers in occupied terri- 
tory 



228 



Communicates cablegram from his 
government inclosing notification to 
neutral powers of intention of Ger- 
man Government to cancel exe- 
quaturs granted by Belgian Govern- 
ment, and to create consular posts 
at Brussels, Liege, and Antwerp 
with temporary recognition. Bel- 
gian Government has entered protest 
under Article 42 of the 4th Conven- 
tion of The Hague 229-230 

Transmits Note Verbale from Foreign 
Office dated January 3, 1915, and 
Note Verbale from Foreign Office 
to Royal Spanish Embassy at Berlin 
relative to the protest of Belgian 
Government against receiving recog- 
nition of consular officers in occu- 
pied territory 230-231 

Instructs him to present accompany- 
ing note to German Government re- 
specting position of consular officers 
in occupied territory 231-232 

Acknowledges receipt of note of De- 
cember 28, relative to the notifica- 
tion by Germany of its intention to 
eancel exequaturs and to create but 
three consular posts granting tem- 
porary recognition only 232 

Transmits copy of German Govern- 
ment's reply to Belgian Govern- 
ment's protest, with copy of further 
protest of Belgian Government in 
relation to the canceling of exe- 
quaturs and to the creation but 
three consular posts granting tem- 
porary recognition only 233-234 



TABLE OF CONTENTS 



xli 



From and to Whom. 

Ambassador Gerard 
to the Secretary of 
State 



Ambassador Gerard 
to the Secretary of 
State 



The Acting Secre- 
tary of State to 
Ambassador Ger- 
ard 



Date. 

1915. 

Mch. 12 



1916. 
June 14 



July 12 



Subject. Page. 

Transmits reply of German Foreign 
Office to the Note Verbale of Jan- 
uary 25, 1915, relative to the can- 
celing of exequaturs granted by the 
German Government to occupied 
territory 234 

Reports that German Foreign Office 
desires to be informed whether the 
recognition accorded to Consuls at 
Antwerp, Liege, and Brussels will 
be regarded as acceptable in the case 
of the Consul at Warsaw 235 

Instructs him to inform Foreign Office 
that proposal regarding recognition 
to American Consul at Warsaw is 
acceptable 235-236 



Part XX. 
BELGIAN" RELIEF. 



From and to Whom. 

The Secretary of 
State to Ambassa- 
dor Gerard 



Minister Whitlock 
to the Secretary of 
State 



The Acting Secre- 
tary of State to 
Ambassador W. H. 
Page 



The Acting Secre- 
tary of State to 
Minister Whitlock 



The Acting Secre- 
tary of State to 
Minister Whitlock 

Ambassador W. H. 
Page to the Secre- 
tary of State 



Date. 
1914. 

Oct. 7 



Oct. 16 



Oct. 19 



Oct. 19 



Oct. 20 



Oct. 26 



Subject. 

Instructs him to take up informally 
with the Foreign Office the question 
of obtaining definite assurances from 
German Government regarding work 
of the Belgian Relief Commission.. 



236 



Reports plan for supplying food to 
the needy persons of Brussels ap- 
proved by German Government, and 
asks Department's approval 236-237 

Informs him German Government ap- 
proves plan of Belgian Relief Com- 
mittee and instructs him to proceed 
according to plan submitted October 
6, 1914 



237 



Informs him German Government ap- 
proves plan of Belgian Relief Com- 
mittee and instructs him to proceed 
according to plan submitted October 
6, 1914. Embassy in London so ad- 
vised 

Informs him Department approves 
plan submitted October 16, 1914... 



Reports Belgian Relief Committee 
has written assurance of German 
military commander at Belgium that 
food sent by Commission should not 
be confiscated 



238 
238 



238 



xlii 



^BLE OF CONTENTS 



Fbom and to Whom. 

The Acting Secre- 
tary of State to 
Ambassador Her- 
rick 



Date. 

1914. 

Oct. 31 



Subject. Page. 

Instructs him to ask whether France 
will give assurance of recognition of 
neutrality of goods shipped to Bel- 
gian Relief Commission 239 



The Acting Secre- Nov. 7 
tary of State to 
Ambassador Ger- 
ard 



Ambassador Her- Nov. 11 
rick to the Secre- 
tary of State 

The Acting Secre- Nov. 20 
tary of State to 
Ambassador Ger- 
ard 



Instructs him to ascertain if Germany 
will permit unmolested passage of 
Belgian food ships from United 
States to Holland for Belgium, and 
whether an embargo lies on impor- 
tation into Belgium in neutral 
ships, of second-hand clothing 

Reports French Government does not 
object to transit of foodstuffs 
through the Netherlands to Belgium 



239 



239 



Instructs him to obtain or to request 
safe passage of British and neutral 
ships with the supplies for Belgium 
and for permission for American 
automobiles to distribute food 239-240 



Ambassador Gerard 
to the Secretary of 
State 



Nov. 23 Reports that German Government 
will not interfere with neutral ship3 
carrying food for Belgium, but un- 
neutral ships must have proper cer- 
tificates endorsed by German Ambas- 
sador at Washington 



240 



The Secretary of Dec. 1 
State to the Ger- 
man Ambassador 



Advises him of the agreement of 
German Government to grant safe 
passage to unneutral ships carrying 
food to Belgium, and having cer- 
tificates endorsed by German Am- 
bassador, and inquires if it meets 
approval of Embassy 240-241 



The German Ambas- Dec. 4 
sador to the Secre- 
tary of State 

The German Ambas- Dec. 5 
sador to the Secre- 
tary of State 



Replies to note of the 1st inst., and 
concurs in proposals therein 241 



Informs him instructions have been 
given German Consul to issue safe 
conduct to enemy ships carrying 
food to Belgium 241 



Consul General Skin- Dec. 8 
ner to the Secre- 
tary of State 

The Secretary of Dec. 10 
State to Consul 
General Skinner 



Forwards request of Belgian Relief 
for American naval ships for carry- 
ing supplies to Belgium 241-242 

Regrets no suitable naval vessels can 
be utilized for carrying supplies for 
Belgian Relief Commission. Sug- 
gests charter of neutral vessels and 
instructs him to communicate with 
American Ambassador, London .... 242 



TABLE OF CONTENTS 



xliii 



Fboix and to Whom. 

Ambassador Gerard 
to the Secretary of 

State 



Memorandum to the 
Germany Embassy 
from the Depart- 
ment of State 



Date. 

1914. 

Dec. 11 



Dec. 18 



Subject. Page. 

Reports German Foreign Office have 
issued desired passes tor Americans 
with automobiles for food distribu- 
tion in Belgium 242 

Transmits thanks of American Com- 
mission for Relief in Belgium for 
assistance of German Government.. 242 



Ambassador Gerard 
to the Secretary of 
State 



Ambassador VV. H. 
Page to the Secre- 
tary of State 



Minister van Dyke 
to the Secretary of 
State 

Minister Whitlock 
to the Secretary of 
State 

Ambassador Gerard 
to the Secretary of 
State 



Minister van Dyke 
to the Secretary of 
State 



Dec. 28 



Dec. 28 



Dec. 29 



1915. 
Jan. 2 



Jan. 2 



Jan. 4 



Transmits Note Verbale from Ger- 
man Foreign Office relative to word- 
ing of certificates of unneutral ships 
carrying food for Belgium 243-244 

Informs Department that British For- 
eign Office will undertake to facili- 
tate the voyage only of such charity 
ships to Rotterdam as contain whole 
cargoes of food for Belgian relief. 
All ships must be reported to Com- 
mission's representative in New 
York and British Ambassador at 
Washington 244 

Reports that foodstuffs for Limberg 
taxed by German commander 244-245 



Reports German Governor General of 
Belgium has ordered that no food- 
stuffs in Belgium be requisitioned.. 245 

Transmits copy of unofficial note to 
German Foreign Office with inquiry 
as to whether any further requisi- 
tions of foodstuffs will be made, 
with reply of Foreign Office 245 

Reports that the import duty on flour 
exacted by German civil commander 
of the Province of Limberg has been 
removed and amount collected under 
the tax refunded 247 



The Secretary of Jan. 13 
State to Ambassa- 
dor Gerard 



Ambassador Gerard Jan. 17 
to the Secretary 
of State 



Instructs him to ascertain whether 
German civil commander of Belgian 
Province of Limberg is exacting im- 
port tax on foodstuffs sent by Bel- 
gian Relief Commission 247 

Reports Minister van Dyke states tax 
on foodstuffs sent by Belgian Relief 
Commission has been removed and 
money collected has been refunded. 
German Foreign Office asked to drop 
investigation 247 



xliv 

Fbom and to Whom. 

The Secretary of 
State to Minister 
van Dyke 

The Secretary of 
State to Minister 
van Dyke 



Minister van Dyke 
to the Secretary of 
State 



Minister van Dyke 
to the Secretary of 
State 



Minister Whitlock 
to the Secretary of 
State 



TABLE OF CONTENTS 



Minister Whitlock 
to the Secretary of 
State 

Minister Whitlock 
to the Secretary of 
State 



Minister Whitlock 
to the Secretary of 
State 



The German Ambas- 
sador to the Secre- 
tary of State 



Date. 

1915. 

Jan. 21 



Jan. 21 



Jan. 22 



Jan. 22 



Jan. 26 



Jan. 28 



Jan. 28 



Jan. 28 



Jan. 28 



Subject. Page. 

Instructs him to report regarding 
removal of tax on foodstuffs in Lim- 
berg 248 

Informs him Limberg tax removed 
and money collected refunded, and 
instructs him to confirm facts and 
report 248 

Eeports confirming statement that 
Limberg tax has been removed and 
money refunded. Incloses copy of 
letter from American Ambassador at 
Berlin 248 

Reports Netherlands Government has 
granted Belgian Relief Commission 
free use of Government railways, 
postal and telegraph service, and ex- 
emption of duty on automobiles .... 250 

Transmits copy of note from German 
civil authorities giving assurance 
that foodstuffs imported for regions 
of Givet and Fumay in that part of 
France upon the Belgian border as 
far as the Meuse be exempt from 
requisition. Rockefeller Foundation 
have agreed to furnish foodstuffs 
for this district on condition of their 
being transported by Belgian Relief 
Commission 250 

Reports satisfactory adjustment of 
question of customs duty on food- 
stuffs for Belgium 251 

Refers to correspondence in regard 
to exemption from requisition by 
civil authorities of foodstuffs in Bel- 
gium, and spates that exception was 
made of the city of Antwerp, al- 
though no mention was made of the 
fact by German authorities 251 

Incloses letter from German military 
authorities stating that cattle and 
their food will be exempt from mili- 
tary requisition when imported by 
the Comite National de Secours et 
d' Alimentation 252 

Reports German Government gives as- 
surance that foodstuffs imported 
from the United States will not be 
used by the Government for the 
military or naval authorities and 
will not reach any contractors of the 
Government 252 



TABLE OF CONTENTS 



xlv 



Feom and to Whom. 

Minister Whitlock 
to the Secretary of 
State 



Date. 

1915. 

Feb. 3 



Subject. Page. 

Transmits correspondence relative to 
the German assurance that authori- 
ties in the Maubeuge district will 
not requisition foodstuffs for Bel- 
gium 253 



Ambassador Sharp 
to the Secretary of 
State 



Feb. 10 Reports French Government has no 
objection to shipment cargo Argen- 
tine maize to Rotterdam for relief 
of Belgian and French people in 
occupied territory 



253 



The Secretary of 
State to Minister 
Whitlock 



Feb. 18 Reports Belgian Relief Commission 
have been advised of exemption of 
cattle and their food from requisi- 
tion when imported by the Comite 
National de tiecours et d' Alimenta- 
tion 



253 



The Secretary of 
State to Minister 
Whitlock 



Feb. 23 Acknowledge receipt of dispatch of 
January 26, and copy of note from 
German civil authorities containing 
assurances that foodstuffs imported 
for the regions of Givet and Fumay, 
in that part of France upon the Bel- 
gian border as far as the Meuse 
will be exempt from requisition. . . . 



254 



Minister van Dyke 
to the Secretary of 
State 



Mch. 3 Transmits memorandum presented by 
the German Minister at The Hague 
relative to the ships of the Belgian 
Relief Commission; safe conduct 
cannot be assured to relief ships on 
their way to and from England in 
view of the existing mine danger in 
the war zone 



254 



Ambassador W. H. 
Page to the Secre- 
tary of State 



Mch. 10 Reports Foreign Office states flag and 
markings of British Relief Commis- 
sion will be used only on ships carry- 
ing goods of Commission 



255 



Memorandum to the 
German Embassy 
from the Depart- 
ment of State 



Mch. 11 Advises him British Government has 
given assurance that flag and mark- 
ings of British Relief Commission 
will only be used on ships carrying 
goods of Commission 



256 



The Secretary of 
State to Ambassa- 
dor W. H. 



Apr. 3 Instructs him to inform Belgian Re- 
lief Commission of attack on Com- 
mission's vessel Elfland by German 
aeroplanes. German Admiralty ex- 
plains markings of relief ship not 
recognizable and suggests markings 
flat on upper deck 



256 



xlvi 



TABLE OF CONTENTS 



From and to Whom. 

Statement given to 
the Press by the De- 
partment of State, 
March 24, 1917 



Date. 
1917. 

Mch. 24 



Subject. Page. 

Withdrawal of American Minister at 
Brussels, from Belgium, with all 
diplomatic and consular officers and 
American members of the Relief 
Commission 256 



Pabt XXI. 
DEPORTATION OF CIVILIANS FROM BELGIUM. 



Fbom and to Whom. 

Charge Grew to the 
Secretary of State 



The Acting Secre- 
tary of State to 
Charge Grew 



Charge Grew to the 
Secretary of State 



Charge' Grew to the 
Secretary of State 



Date. 

1916. 

Oct. 10 



Oct. 19 



Oct. 23 



Oct. 27 



The Secretary of Nov. 2 
State to Charge 
Grew 



The Secretary of Nov. 29 
State to Charge 
Grew 



Charge Grew to the Dec. 20 
Secretary of State 



Subject. 

Reports Minister Whitlock has for- 
warded proof that complete lists of 
all workmen who are employed and 
who receive aid have been demanded 
of the Comite National de Secours 
et d' Alimentation, by German au- 
thorities 258 

Instructs him if he deems it advisa- 
ble to draw attention of Foreign Of- 
fice informally and orally to action 
of German military authorities in 
demanding list from Comite Na- 
tional de Secours et d' Alimentation 258 

States that he brought informally and 
orally to the attention of the For- 
eign Office question of Belgian la- 
borers. Investigation promised 259 

Reports he sought further interview 
with German Under Secretary for 
Foreign Affairs regarding Belgian 
deportations and pointed out that 
this action involving breach of in- 
ternational law would make very 
bad impression abroad 269 

Instructs him to request interview 
with the Chancellor and point out 
unfortunate impression which would 
be created in neutral countries by 
proposed deportation policy 259 

Instructs him to obtain interview 
with German Chancellor and deliver 
protest of the United States against 
deportation of Belgians 260 

Transmits note from German Foreign 
Office stating that 326 deported Bel- 
gian workmen have been sent back 
to Belgium and other complaints 
will be investigated 260 



TABLE OF CONTENTS 



xlvii 



From and to Whom. 

Charge Grew to the 
Secretary of State 



Ambassador W. H. 
Page to the Secre- 
tary of State 



Minister Whitlock 
to the Secretary of 
State 



The German Ambas- 
sador to the Secre- 
tary of State 

Minister Whitlock 
to the Secretary of 
State 



Date. 

1916. 

Dec. 21 



1917. 
Jan. 2 



Jan. 2 



Jan. 8 



Jan. 16 



Subject. Page. 

Transmits German Regulations Gov- 
erning Idleness under which Belgian 
deportations were made 260 

Transmits statement by Hoover that 
there had been no change in German 
policy since President's protest and 
deportations continued 262 

Reports it difficult to obtain informa- 
tion regarding deportations which 
continue; estimated 60,000 to 100,- 
000 men,— possibly 2,000 returned.. 263 

Incloses memorial of German Govern- 
ment on employment of laborers in 
Germany 264 

Transmits account of deportations of 
Belgian workmen with report on 
requisition of Belgian workmen for 
Malines 267 



Minister Whitlock 
to the Secretary of 
State 



Jan. 17 Reports deportation announced for 
January 20 inst., and incloses copy 
of postcard of notification 



273 



Pabt XXII. 

PEACE OVERTURES OF THE CENTRAL POWERS AND REPLY OF 
ENTENTE POWERS. 



From and to Whom. 

Charge Grew to the 
Secretary of State 



The Secretary of 
State to Ambassa- 
dor W. H. Page 

Ambassador Sharp 
to the Secretary of 
State 

The Secretary of 
State to Ambassa- 
dor Gerard 

Ambassador Gerard 
to the Secretary of 

State 



Date. 

1916. 

Dec. 12 



Dec. 16 



Dec. 29 



1917. 
Jan. 2 



Jan. 12 



Subject. 

Transmits note from Foreign Office 
proposing entry into peace negotia- 
tions 274-275 

Transmits to Entente Powers note 
from Central Powers offering to 
begin peace negotiations 276 

Transmits reply of Entente Powers 
to the German offer to begin peace 
negotiations 277-279 

Transmits reply of the Entente Pow- 
ers to the peace overtures of the 
Central Powers 279 

Transmits note from German Foreign 
Office relative to the reply of the 
Entente Powers to the peace over- 
tures of the Central Powers 280-282 



xlviii 



TABLE OP CONTENTS 



From and to Whom. 

Ambassador Pen- 
field to the Secre- 
tary of State 



Date. 

1917. 

Jan. 12 



Subject. Page. 

Transmits note from the Austro- 
Hungarian Government relative to 
the reply of Entente Powers reply to 
the peace overtures of the powers . . 282-283 

Part XXIII. 



SUGGESTIONS CONCERNING THE WAR MADE BY PRESIDENT WILSON 
DECEMBER 18, 1916, AND REPLIES OF BELLIGERENTS AND NEU- 
TRALS. 



From and to Whom. 

The Secretary of 
State to Ambassa- 
dor W. H. Page 



The Secretary of 
State to Ambassa- 
dor Gerard 



Ambassador Gerard 
to the Secretary of 
State 



Date. 

1916. 

Dec. 18 



Dec. 18 



Dec. 26 



Dec. 30 



Consul General Mur- 
phy to the Secre- 
tary of State 

1917. 
Ambassador Sharp Jan. 10 
to the Secretary of 

State 

Ambassador Sharp Jan. 10 
to the Secretary of 
State 



Memorandum from Jan. 13 
British Embassy 



Subject. 

Instructs him to present note to Brit- 
ish Government suggesting that 
early occasion be sought to call from 
all belligerents views as to terms of 
peace 284-287 

Instructs him to present note to 
German Government suggesting that 
an early occasion be sought to call 
from all belligerents views as to 
terms of peace 287-289 

Transmits note from German Foreign 
Office replying to President's sugges- 
tion of a conference on neutral 
ground 289-290 

Transmits reply of Bulgaria to sug- 
gestion of President's proposed con- 
ference on neutral ground. Proposes 
immediate meeting of delegates.... 290-291 

Transmits reply of Belgium to sug- 
gestion of President's proposed con- 
ference on neutral ground 291-292 

Transmits replies of the Entente 
Powers to the suggestion of the 
President for a proposed conference 
on neutral ground 292-295 



Letter from Hon. A. J. Balfour in 
regard to the President's suggestion 
for a conference on neutral ground. 



295-298 



Part XXIV. 

SEVERANCE OF DIPLOMATIC RELATIONS BETWEEN THE UNITED 
STATES AND GERMANY. 



From and to Whom. 

The German Ambas- 
sador to the Secre- 
tary of State 



Date. 

1917. 

Jan. 31 



Subject. 

Incloses two memoranda from Ger- 
man Government announcing inten- 
tion to wage unrestricted submarine 
warfare 



299 



TABLE OF CONTENTS 



xlix 



From and to Whom. 

The Secretary of 
State to the Ger- 
man Ambassador 



Date. 

1917. 

Feb. 3 



Subject. Page. 

Acknowledges note January 31, with 
accompanying memoranda announc- 
ing unrestricted submarine warfare. 
Summarizes correspondence on sub- 
ject, and announces that all diplo- 
matic relations between United 
States and Germany are severed, and 
incloses passports for German Em- 
bassy 303 



The President of the 
United States to 
the Congress 



Feb. 3 Address announcing severance of 
diplomatic relations between the 
United States and Germany 306-309 



The Minister of 
Switzerland in 

charge of German 
interests in Amer- 
ica to the Secre- 
tary of State 



Mch. 23 



Notification of the German blockade 
of the waters of the Arctic Ocean. . 309-310 



The Minister of 
Switzerland in 

charge of German 
interests in Amer- 
ica to the Secre- 
tary of State 



Mch. 24 Further information as to the noti- 
fication of the German blockade of 
the waters of the Arctic Ocean .... 



310 



Pabt XXV. 



(1) PROPOSED MODIFICATION OF TREATY OF 1799 CONCERNING THE 
TREATMENT OF CITIZENS AND PROPERTY. (2) OFFER TO NEGO- 
TIATE FORMALLY OR INFORMALLY WITH THE UNITED STATES, 
PROVIDED BLOCKADE AGAINST ENGLAND IS NOT BROKEN. 



From and to Whom. 

The Minister of 
Switzerland in 

charge of German 
interests in Amer- 
ica, to the Secre- 
tary of State 



Date. 

1917. 

Feb. 10 



Subject. 

Transmits draft of proposed treaty 
altering Treaty of 1799 310-312 



The Secretary of 
State to the Min- 
ister of Switzer- 
land in charge of 
German Interests 
in America 



Mch. 20 Acknowledges note of February 10, 
and states that the United States 
is not disposed to look with favor 
upon the proposed agreement to alter 
Article 23 of the Treaty of 1799. . . 



312-315 



TABLE OF CONTENTS 



Fkom and to Whom. 

Statement given to 
the Press, Feb. 12, 
1917 



Date. 

1917 

Feb. 12 



Subject. 



Page. 



Memorandum from the Swiss Minis- 
ter in charge of German interests 
in America, stating that the Swiss 
Government has been requested to 
say that the German Government 
is willing to negotiate formally or 
informally with the United States, 
provided that the commercial block- 
ade against England will not be 
broken thereby. American reply 
agreeing to discuss any questions 
with the German Government, if 
German proclamation of the 31st of 
January is cancelled and assurance 
of May 4, 1916, renewed 315-316 



Pabt XXVI. 

DECLARATION OF WAR AGAINST THE IMPERIAL GERMAN 
GOVERNMENT. 



Fbom and to Whom. 

Circular telegram 
from the Depart- 
ment of State to 
all Missions 



The President of the 
United States to 
the Congress 

House of Represen- 
tatives, Committee 
on Foreign Affairs 

Public Resolution 
No. 1, 65th Cong., 

1st Sess. 

Proclamation of the 
President of the 
United States 



Date. 

1917. 

Apr. 2 



Subject. 

Incloses copy of President Wilson's 
address to special session of Con- 
gress, April 2, 1917, and quotes 
Joint Resolution declaring the exist- 
ence of a state of war between the 
Imperial German Government and 
the United States 317-318 



Apr. 2 Address to the Congress 318-324 



Apr. 4 War with the Imperial German Gov- 

ernment. Report of Committee.... 326-338 



Apr. 6 Joint resolution declaring that a 
state of war exists between the 
United States and Germany 338-339 

Apr. G Proclamation of the existence of a 
state of war between the United 
States and Germany 339-342 



OFFICIAL DOCUMENTS 



OFFICIAL DOCUMENTS. 

DIPLOMATIC CORRESPONDENCE BETWEEN THE UNITED 
STATES AND THE IMPERIAL GERMAN GOVERNMENT 
AUGUST 1, 1914— APRIL 6, 1917. 



Part I. 
DECLARATION OF LONDON. 



The Secretary of State to Ambassador Gerard. 1 

[Telegram — Paraphrase.] 

Department of State, 
Washington, August 6, 1914, 1 p. m. 
Mr. Bryan instructs Mr. Gerard to inquire whether the German 
Government is willing to agree that the laws of naval warfare as laid 
down by the Declaration of London of 1909 shall be applicable to 
naval warfare during the present conflict in Europe provided that 
the Governments with whom Germany is or may be at war also agree 
to such application. Mr. Bryan further instructs Mr. Gerard to state 
that the Government of the United States believes that an acceptance 
of these laws by the belligerents would prevent grave misunderstand- 
ings which may arise as to the relations between neutral powers and 
the belligerents. Mr. Bryan adds that it is earnestly hoped that this 
inquiry may receive favorable consideration. 



Ambassador Gerard to the Secretary of State. 
[Telegram — Paraphrase.] 

American Embassy, 
Berlin, August 22, 1914, 12 midnight. 
Mr. Gerard refers to Department's August 19, 4 p. m., and says 
his August 20, 1 a. m., by way of Copenhagen, states that the German 
Government will apply the Declaration of London, provided its pro- 
visions are not disregarded by other belligerents. 

1 (Same mutatis mutandis to: The American Embassies at St. Petersburg, 
Paris, London, and Vienna, and the American Legation at Brussels.) 

1 



2 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Acting Secretary of State to Ambassador Gerard. 1 

[Telegram — Paraphrase.] 

Department op State, 
Washington, October 24, 1914, 5 p. m. 
Referring to Department's August 6, 1 p. m., and Embassy's 
August 22, relative to the Declaration of London, Mr. Lansing 
instructs Mr. Gerard to inform the German Government that the 
suggestion of the department to belligerents as to the adoption of 
declaration for sake of uniformity as to a temporary code of naval 
warfare during the present conflict has been withdrawn because some 
of the belligerents are unwilling to accept the declaration without 
modifications and that this Government will therefore insist that the 
rights and duties of the Government and citizens of the United States 
in the present war be defined by existing rules of international law 
and the treaties of the United States without regard to the provisions 
of the declaration and that the Government of the United States 
reserves to itself the right to enter a protest or demand in every case 
in which the rights and duties so defined are violated or their free 
exercise interfered with by the authorities of the belligerent 
governments. 



Part II. 
CONTRABAND OF WAR. 



Ambassador Gerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, September 4, 1914. 
I repeat my August tenth a. m. 

The Foreign Office sends me a list of the articles which the Ger- 
man Government intends to treat as contraband of war in pursuance 
of the German prize ordinance printed in Eeichsgesetzblatt, 1914, 
No. 4. I find the list agrees exactly with article 22, 2 Nos. 1 to 11, of 

1 (Same to the embassies at St. Petersburg, Vienna, and Paris, and the lega- 
tion at Brussels.) 

2 ARTICLE 22 OF THE DECLARATION OF LONDON. 

The following articles may, without notice, be treated as contraband of war 
under the name of absolute contraband: 

( 1 ) Arms of all kinds, including arms for sporting purposes and their dis- 
tinctive component parts. 

(2) Projectiles, charges, and cartridges of all kinds, and their distinctive 
component parts. 



THE UNITED STATES AND GERMANY 3 

the Declaration of London, in respect of absolute contraband and to 
article 24, Nos. 1 to 14, in respect of conditional contraband. The 
German Government state that the ordinance embodies the substance 
of the Declaration and that they will apply its provisions if they are 
not disregarded by other belligerents. They request to be informed 
what attitude the other powers have assumed. 

Copies of the ordinance have been mailed to you and to the 
London Embassy. Gerard. 



[Translation.] 
The German Ambassador to the Secretary of State. 

Imperial German Embassy, 
Washington, October 22, 1914. 
Mr. Secretary of State : I have the honor to inform Your Excel- 
lency that the Imperial Government has declared copper and lead 

(3) Powder and explosives specially prepared for use in war. 

(4) Gun mountings, limber boxes, limbers, military wagons, field forges, 
and their distinctive component parts. 

(5) Clothing and equipment of a distinctively military character. 

(6) All kinds of harness of a distinctively military character. 

(7) Saddle, draft, and pack animals suitable for use in war. 

(8) Articles of camp equipment and their distinctive component parts. 

(9) Armor plates. 

(10) Warships, including boats, and their distinctive component parts of 
such a nature that they can only be used on a vessel of war. 

(11) Implements and apparatus designed exclusively for the manufacture of 
munitions of war, for the manufacture or repair of arms, or war material for 
use on land or sea. 

ARTICLE 24 OF THE DECLARATION OF LONDON. 

The following articles, susceptible of use in war as well as for purposes of 
peace, may, without notice, be treated as contraband of war under the name of 
conditional contraband : 

( 1 ) Foodstuffs. 

(2) Forage and grain, suitable for feeding animals. 

(3) Clothing, fabrics for clothing, and boots and shoes, suitable for use 
in war. 

(4) Gold and silver in coin or bullion; paper money. 

(5) Vehicles of all kinds available for use in war, and their component 
parts. 

(6) Vessels, craft, and boats of all kinds; floating docks, parts of docks, 
and their component parts. 

(7) Railway material, both fixed and rolling stock, and material for tele- 
graphs, wireless telegraphs, and telephones. 

(8) Balloons and flying machines and their distinctive component parts, 
together with accessories and articles recognizable as intended for use in con- 
nection with balloons and flying machines. 

(9) Fuel; lubricants. 

(10) Powder and explosives not specially prepared for use in war. 

(11) Barbed wire and implements for fixing and cutting the same. 

(12) Horseshoes and shoeing materials. 

(13) Harness and saddlery. 

(14) Field glasses, telescopes, chronometers, and all kinds of nautical instru- 
ments. 



4 DIPLOMATIC CORRESPONDENCE BETWEEN 

to be conditional contraband. In consequence thereof I beg Your 
Excellency kindly to cause the foregoing to be published in accord- 
ance with the " Declaration of International Naval Conference" of 
February 26, 1909. 

Accept, etc., For the Imperial Ambassador: 

Haniel. 



Ambassador Oerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, November 19, 1914. 
Nineteenth. Proclamation of November 17th defines all rough or 
unworked lumber as conditional contraband under number nine or 
article twenty-three of German prize ordinance because susceptible of 
use as fuel. Exceptions are lignum vitas, palisander, ebony, and simi- 
lar woods and all woods greatly enhanced in value through working 
by hand or machine. 

Gerard. 



Ambassador Oerard to the Secretary of State. 
[Telegram.] 

American Embassy, 
Berlin, November 23, 1914. 
German Government has added following to list of conditional 
contraband : 

No. 17. Woods of all kinds, rough or worked, that is hewn, sawed, 
planed, grooved, etc. ; cylinder tar. 

No. 18. Sulphur, crude or refined, and sulphuric acid. 

Gerard. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, November 23, 1914. 
Sir : I have the honor to transmit to you herewith translations of 
two notes received from the imperial foreign office conveying notifi- 
cation of additions to the original lists of articles regarded as contra- 
band by the German Government, which, as reported in my telegram 
of August 10, 1 p. m., corresponded in all respects with articles 22 
and 24 of the Declaration of London. 

I have, etc. James W. Gerard. 



THE UNITED STATES AND GERMANY 5 

[Inclosure 1 — Translation.] 

NOTE VERBALE. 

In supplement to its note verbale of August 6, 1914, IIIa.9222, 
the foreign office has the honor to inform the embassy of the United 
States of America that during the present hostilities the following 
materials will be considered as conditional contraband by Germany 
in addition to the articles and materials designated under No. 11, 
1-14: 

15. Copper (unworked) and 

16. Lead in blocks, plates or tubes. 

The foreign office begs that the embassy of the United States of 
America will kindly inform its Government of the above as soon as 
possible. 

Berlin, October 22, 1914. 



[Inclosure 2 — Translation.] 

NOTE VERBALE. 

In supplement to its notes verbales of August 6, 1914, and October 
22, 1914, IIIa.9222 and 17064, the foreign office has the honor to 
inform the embassy of the United States of America that during the 
present hostilities the following will be considered by Germany as 
conditional contraband in addition to the articles and materials desig- 
nated under 11, 1-16 : 

17. Woods of all kinds, rough or treated (in particular hewn, 
sawed, planed, grooved), charcoal cylinder tar. 

18. Sulphur, crude or refined, sulphuric acid. 

The foreign office begs that the embassy will kindly notify its 
Government of the above as soon as possible. 
Berlin, November 23, 1914. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, December 3, 1914. 
Sir: With reference to my dispatch No. 280, dated November 23, 
1914, I have the honor to transmit to you herewith a copy, in trans- 
lation, of a note received from the imperial German foreign office, 
dated November 30, 1914, in reply to an inquiry addressed by me to 



6 DIPLOMATIC CORRESPONDENCE BETWEEN 

the foreign office to ascertain whether Germany regards quebracho 
wood in logs as contraband of war. It appears from the note of the 
foreign office that quebracho wood is held by the German Govern- 
ment to fall under the order of the imperial chancellor of November 
23, 1914, and to be considered as conditional contraband. 

I have, etc. James W. Gerard. 



[ Inclosure — Translation. ] 

NOTE VERBALE. 

The foreign office has the honor to inform the embassy of the 
United States of America, in reply to the note verbale of the 20th 
instant (F. 0. No. 1165), that quebracho wood is not to be con- 
sidered as fuel within the meaning of article 23, No. 9, of the German 
prize ordinance, nor to be deemed contraband for this reason. 

However, by an order of the imperial chancellor, dated November 
23, 1914, Reichsgesetzblatt , p. 481, all kinds of woods have been 
expressly declared to be conditional contraband, and quebracho wood 
in logs is included in such declaration. 

Berlin, November 30, 1914. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, December 8, 1914. 
Sir: With reference to the department's cable, No. 749, of Decem- 
ber 3, 1914, and to my dispatch, No. 280, of November 23, 1914, 
1 have the honor to transmit to you herewith three copies of the 
Reichsgesetzblatt, 1914, No. 101, containing the proclamation of the 
German Government relative to the treatment of wood, cylinder tar, 
sulphur, and sulphuric acid as conditional contraband. 

I have, etc. James W. Gerard. 



[ Inclosure — Translation. ] 
Reichsgesetzblatt. Year 1914. No. 101. 

(No. 4549.). Addition to the prize ordinance of September 30, 
1909 (Reichsgesetzblatt, 1914, p. 275), of November 23, 1914. 

I hereby prescribe in addition to the ordinance of October 18, 
1914 (Reichsgesetzblatt, p. 441), that in the prize list of September 



THE UNITED STATES AND GERMANY 7 

30, 1909, under the numeral 23, the following two further numbers 
be subjoined: 

17. Woods of every kind, in the rough or manufactured (espe- 
cially also cut, sawn, planed, grooved), wood-tar. 

18. Sulphur, raw or refined, sulphuric acid. 
Berlin, November 23, 1914. 

Vice Imperial Chancellor, Delbruck. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, December 15, 1914. 
Sir : With reference to my telegram of even date, I have the honor 
to transmit to you herewith five copies of a proclamation of the Ger- 
man Government, dated December 14, 1914, declaring aluminum and 
nickel to be conditional contraband. A translation of the proclama- 
tion is likewise appended. 

I have, etc. James W. Gerard. 



[Inclosure 1 — Translation.] 

Reichsgesetzblatt, 1914. No. 112. 

Supplement to the prize ordinance of September 30, 1909. (Reichs- 
gesetzblatt, 1914, p. 275.) 

In supplement to the order of November 23, 1914 (Reichsgesetz- 
blatt, p. 481), I hereby order that the following two numbers shall 
be added to article 23 of the prize ordinance of September 30, 1909 : 

19. Aluminum. 

20. Nickel. 

Berlin, December 14, 1914. 
Vice the Imperial Chancellor, 

(Signed) Delbruck. 



[Inclosure 2 — Translation.] 

note verbale. 

The foreign office has the honor to inform the embassy of the 
United States of America, in supplement to the notes verbales of 
August 6, October 22, and November 23, 1914, Nos. IIIa.9222, 17064, 



8 DIPLOMATIC CORRESPONDENCE BETWEEN 

and 19785 that during the present hostilities the following articles 
will be considered as conditional contraband by Germany, in addition 
to those recited in the notes verbales mentioned, Nos. 1-18: 

19. Aluminum. 

20. Nickel. 

The Foreign Office begs that the Embassy would be good enough 
to inform its Government of the above as soon as possible. 
Berlin, December 14, 1914. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, April 26, 1915. 
Sir: With reference to my telegram No. 2097, dated April 21, 
1915, I have the honor to transmit to you herewith five copies of 
Beichsgesetzblatt, 1915, No. 49, with translation, containing the modi- 
fications and amendments of the German prize ordinance recently 
promulgated. 

I have, etc., James W. Gerard. 



[Translation.] 

Beichsgesetzblatt, 1915. No. 49. 

Ordinance relative to amendments of the prize ordinance of 
September 30, 1909. 

In retaliation of the regulations adopted by England and her 
allies, deviating from the London declaration of maritime law of 
February 26, 1909, I approve of the following amendments of the 
prize ordinance of September 30, 1909, and of its supplements, dated 
October 18, November 23, and December 14, 1914, for the period of 
the present war. 

Articles 21, 23, 27, 33, 35, 40, and the additions to article 23 
shall be replaced by the following provisions: 

Article 21. The following articles and materials, designated 
absolute contraband, shall be considered contraband of war: 

1. Arms of all kinds, including arms for sporting purposes, and 
their distinctive component parts. 

2. Projectiles, charges, and cartridges of all kinds, and their 
distinctive component parts. 

3. Powder and explosives of all kinds. 

4. Cannon barrels, gun mountings, limber boxes, limbers, field 
kitchens and bakeries, supply wagons, field forges, searchlights and 
searchlight accessories, and their distinctive component parts. 



THE UNITED STATES AND GERMANY 9 

5. Range finders and their distinctive component parts. 

6. Field glasses, telescopes, chronometers, and all kinds of nauti- 
cal instruments. 

7. Clothing and equipment of a distinctively military character. 

8. Saddle, draft, and pack animals suitable for use in war. 

9. All kinds of harness of a distinctively military character. 

10. Articles of camp equipment and their distinctive component 
parts. 

11. Armor plates. 

12. Lead, pig, sheet, or pipe. 

13. Barbed wire, and implements for fixing and cutting the same. 

14. Tinplate. 

15. Warships, including boats and their distinctive component 
parts of such a nature that they can only be used on a vessel of war ; 
ship plates and construction steel. 

16. Submarine sound signaling apparatus. 

17. Aeroplanes, airships, balloons, and aircraft of all kinds, and 
their distinctive component parts, together with accessories, articles 
and materials, recognizable as intended for use in connection with 
balloons and aircraft. 

18. Implements and devices designed exclusively for the manu- 
facture and repair of arms and munitions of war. 

19. Lathes of all kinds. 

20. Mining lumber. 

21. Coal and coke. 

22. Flax. 

Article 23. The following articles and materials suitable for 
warlike as well as for peaceful purposes, coming under the designa- 
tion of conditional contraband, shall be considered as contraband of 
war: 

1. Foodstuffs. 

2. Forage and all kinds of feeding stuffs. 

3. Clothing, fabrics for clothing, and boots and shoes, suitable 
for use in war. 

4. Wool from animals, raw or dressed, together with woolen 
carded yarns, and worsted yarns. 

5. Gold and silver, in coin or bullion; paper money. 

6. Vehicles of all kinds, especially all motor vehicles available 
for use in war, and their component parts. 

7. Rubber tires for motor vehicles, together with all articles or 
materials especially used in the manufacture or repair of rubber tires. 

8. Rubber and gutta-percha, together with goods made thereof. 

9. Railway materials, both fixed and rolling stock, and materials 
for telegraphs, wireless telegraphs, and telephones. 

10. Fuel, excepting coal and coke ; lubricants. 

11. Sulphur, sulphuric acid, nitric acid. 

12. Horseshoes and shoeing materials. 

13. The following ores : Wolframite, scheelite, molybdenite, nickel 
ore, chrome ore, haematite iron ore, manganese ore, lead ore. 



10 DIPLOMATIC CORRESPONDENCE BETWEEN 

14. The following rnetals: Wolfram, molybdenum, vanadium, 
nickel, selenium, cobalt, haematite pig iron, manganese, aluminum, 
copper. 

15. Antimony, together with the sulphides and oxides of antimony. 

16. Ferro alloys, including ferrowolfram, ferromolybdenum, fer- 
romanganese, ferrovanadium, ferrochrome. 

17. Harness and saddlery. 

18. Leather, treated and untreated, when suitable for saddlery, 
harness, military boots or military clothing. 

19. Tanning materials of all kinds, including extracts used in 
tanning. 

20. All kinds of lumber, rough or treated, especially hewn, sawed, 
planed, fluted, excepting mining lumber, tar of charcoal. 

21. Vessels, craft, and boats of all kinds, floating docks, parts of 
docks, and their component parts. 

The following articles can not be declared contraband of war: 

1. Raw cotton, raw silk, raw jute, raw hemp. 

2. Resin, lacks, hops. 

3. Raw skins, horns, bones, and ivory. 

4. Natural and artificial fertilizers. 

5. Earth, clay, lime, chalk; stones, including marble; bricks, 
slates, and roofing tiles. 

6. Porcelain and glass. 

7. Paper, and the materials prepared for its manufacture. 

8. Soap; paints, including the materials exclusively used for 
their manufacture, and varnish. 

9. Chloride of lime, soda, caustic soda, sulphate of soda in cakes, 
ammonia, sulphate of ammonia, and copper sulphate. 

10. Machines for agriculture, for mining, for the textile industry, 
and for printing. 

11. Precious stones, fine stones, pearls, mother-of-pearl, and corals. 

12. Clocks, standing clocks and watches, excepting chronometers. 

13. Fashion and fancy goods. 

14. Feathers of all kinds, hair and bristles. 

15. Furniture and decorative articles, office furniture and require- 
ments. 

Article 33. In the absence of conditions to the contrary, the 
hostile destination referred to in article 32 is to be presumed when 
(A) the goods are consigned to an enemy authority or the agent of 
such or to a dealer shown to have supplied articles of the kind in 
question or products thereof to the armed forces or the administrative 
authorities of the enemy state; (B) the goods are consigned to order 
or the ship's papers do not show who is the consignee or the goods 
are consigned to a person in territory belonging to or occupied by 
the enemy; (C) the goods are destined for an armed place of the 
enemy or a place serving as a base of operations or supplies to the 
armed forces of the enemy. 

Merchant vessels themselves are not to be considered as destined 
for the armed forces or the administrative authorities of the enemy 



THE UNITED STATES AND GERMANY 11 

solely for the reason that they are found en route to one of the places 
referred to under letter C. 

Article 35. Articles of conditional contraband are liable to seiz- 
ure only on a vessel en route to territory belonging to or occupied by 
the enemy or to the armed forces of the enemy, and such vessel is 
not intended to unload these articles in an intermediate neutral port 
— that is to say, in a port at which the vessel is to call previous to 
reaching the ultimate destination designated. 

This paragraph shall not apply if the conditions provided in 
article 33, letter B, are present or if the vessel is bound for a neutral 
country with regard to which it is shown that the enemy government 
draws articles of the kind in question from that country. 

Article 40. A vessel can not be captured on the ground of an 
already completed voyage carrying contraband. If, however, the 
vessel carried contraband to the enemy contrary to the indications of 
the ship's papers, it shall be liable to capture and condemnation until 
the end of the war. 

This ordinance shall take effect the day of its promulgation. 

Chief Headquarters, April 18, 1915. 

[l.s.] (Signed) Wilhelm. 

v. Tirpitz. 



Part III. 

MINE AREAS. 

Ambassador Gerard to the Secretary of State. 

[Telegram — Paraphrase.] 

American Embassy, 
Berlin, August 7, 1914. 
Mr. Gerard reports that he is informed by the German Foreign 
Office that German ports are strewn with mines, and it is requested 
that timely warning be given shippers against navigating in ports 
which foreign forces might use as bases. 

The German Ambassador to the Secretary of State. 

[Translation.] 

German Embassy, 
New York, September 10, 1914. 
Mr. Secretary op State: 

By direction of my Government I have the honor respectfully to 
bring the following to Your Excellency 's knowledge. 

No foundation for idea prevalent among neutrals abroad that 



12 DIPLOMATIC CORRESPONDENCE BETWEEN 

because of the blockade of German ports sea trade with Germany is 
tied up. No port is blockaded and nothing stands in the way of 
neutral states' sea trade with Germany. 

The assertions from England that the North Sea has been infested 
with mines by Germany are wrong. 

Neutral vessels bound for German ports in the North Sea must 
steer by day for a point 10 nautical miles N. W. off Helgoland. There 
will German pilots be found in readiness to pilot the ships into port. 

Neutral vessels must sail direct for Baltic seaports, every one of 
which has pilots. 

The prohibition of coal export does not include bunker coal and 
coaling is assured. 

Accept, etc., J. Bernstorff. 



Ambassador W. H. Page to the Secretary of State. 

American Embassy, 
London, September 28, 1914. 
Sir : I have the honor to transmit herewith a protest made by the 
British Government against the methods pursued by the German 
Navy in laying mines in the North Sea. 

This protest was inclosed to me by His Majesty's Secretary of 
State for Foreign Affairs, in a communication requesting that it be 
forwarded to the Government of the United States. 

I have, etc., Walter Hines Page. 



[Inclosure.] 

His Majesty's Government consider it their duty to bring before 
the notice of the United States Government the practice which is 
being pursued by the German naval authorities in laying mines on 
the high seas on the trade routes, not only to British but to neutral 
ports, and in furtherance of no definite military operation. His Maj- 
esty's Government have reason to think that fishing vessels, possibly 
disguised as neutral, are employed for the purpose, and lay these 
mines under the pretense of following the ordinary avocations of 
fishing. Mines have been found in several cases as much as 50 miles 
from the coast. 

This practice has already resulted, since the commencement of the 
war, in the destruction of eight neutral and seven British merchant 
and fishing vessels, so far as at present ascertained, with the loss 
of some sixty lives of neutral and noncombatant persons. 



THE UNITED STATES AND GERMANY 13 

The practice of laying mines indiscriminately and in large num- 
bers on high seas, entirely regardless of the dangers to peaceful 
shipping, is in flagrant violation of the accepted principles of inter- 
national law and contrary to the primary dictates of humanity. It is 
also in direct contradiction with the language of Baron Marschall 
von Bieberstein, who, as First German delegate at the Peace Con- 
ference of 1907, spoke as follows: "We do not intend, if I may employ 
an expression used by the British delegate, 'to sow mines in pro- 
fusion on every sea.' . . . We do not hold the opinion that every- 
thing which is not expressly forbidden is permitted." 

The freedom of the seas for peaceful trading is an established 
and universally accepted principle; this fact has never been more 
clearly recognized than in the words of the report of the third Com- 
mittee of the Second Peace Conference, which dealt with the question 
of submarine contact mines: "Even apart from any written stipula- 
tion it can never fail to be present in the minds of all that the 
principle of the liberty of the seas, with the obligations which it 
implies on behalf of those who make use of this way of communica- 
tion open to the nations, is the indisputable prerogative of the human 
race. ' ' 

This principle received further recognition in the 3rd article of 
the Convention relating to the laying of submarine contact mines : 

"When anchored automatic contact mines are employed, every 
possible precaution must be taken for the security of peaceful 
shipping. 

"The belligerents undertake to do their utmost to render these 
mines harmless after a limited time has elapsed, and, should the 
mines cease to be under observation, to notify the danger zones as 
soon as military exigencies permit, by a notice to mariners, which 
must also be communicated to the Governments through the diplo- 
matic channel." 

Not only have the German Government neglected to take every 
possible precaution for the safety of neutral shipping, but they have, 
on the contrary, deliberately and successfully contrived to sow danger 
in its track. The mined zones have not been kept under observation 
nor has any notification of their locality ever been made. The pro- 
visions of this article, which the German Government are pledged 
to observe, have therefore been violated in three distinct ways. 

Article 1, Section 2, of the same convention has equally been 
violated by the German Government, for the mines which they have 
laid have in numerous instances been found adrift from their moor- 
ings without having become harmless. Yet the German Government 
made no reservation respecting this article either when signing or 
ratifying the Convention. 

The degree of respect with which the German Government treat 
their written pledges, and the pledges given verbally in their name 
by their representatives, is sufficiently apparent from what is stated 



14 DIPLOMATIC CORRESPONDENCE BETWEEN 

above. It is brought into yet higher relief in the light of the fol- 
lowing statement made by Baron Marsehall before the third Committee 
of the last Peace Conference, and repeated by him in full, and with 
added emphasis, at the 8th plenary meeting of the Conference : 

' ' A belligerent who lays mines assumes a very heavy responsibility 
toward neutrals and peaceful shipping. ... No one will resort to 
such means unless for military reasons of an absolutely urgent char- 
acter. But military acts are not governed solely by principles of 
international law. There are other factors: conscience, good sense, 
and the sentiment of duty imposed by principles of humanity will be 
the surest guides for the conduct of sailors, and will constitute the 
most effective guarantee against abuses. The officers of the German 
Navy, I emphatically affirm, will always fulfill, in the strictest fashion, 
the duties which emanate from the unwritten law of humanity and 
civilization. ' ' 

His Majesty's Government desire to place on record their strong 
protesi against the illegitimate means of conducting warfare which 
has been resorted to by their adversaries. They feel that its manifest 
inhumanity must call down upon its authors the censure and reproba- 
tion of all civilized peoples. 
Foreign Office, 

September 26, 1914. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, November 13, 1914. 
Sir : With reference to my cipher telegram No. 823, dated Novem- 
ber 12, 1914, 1 I have the honor to transmit to you herewith a copy 
in translation of the reply of the German Government to the protest 
of the British Government against the laying of German mines. 
I have, etc., James W. Gerard. 



[Inelosure — Translation. ] 

REPLY OF THE GERMAN GOVERNMENT TO THE PROTEST OF THE BRITISH 
GOVERNMENT AGAINST THE LAYING OF GERMAN MINES. 

It has been brought to the knowledge of the German Government 
that the British Government addressed a Note to the neutral Powers 

1 Not printed : gives purport of inelosure herewith. 



THE UNITED STATES AND GERMANY 15 

under date September 20th, 1914, protesting against the laying of 
German mines. It is asserted in the protest that the mines were laid 
in a way contrary to international law and in forbidden localities; 
that they were not sufficiently anchored or under proper observance ; 
and were not notified to the neutrals in accordance with rule. Fur- 
thermore attention is called to the declarations of the first German 
delegate at the Second Hague Peace Conference which are in con- 
tradiction with such practice and likewise to the deliberate injury 
to neutral trade which Germany's action on the open sea is alleged 
to involve. 

The German Government makes the following reply to this protest : 

I. 

In condemning the alleged German practice the British Govern- 
ment relies on the 8th Hague Convention of October 18th, 1907, 
relative to the laying of automatic submarine contact mines. It over- 
looks the fact that under Article 7 of this Convention its provisions 
do not apply unless all the belligerents are parties to the Convention. 
Now Russia, which is allied with England, has not ratified the Agree- 
ment; it is therefore not binding by international law on any of the 
participants in the present war. 

Nevertheless the German Government has voluntarily held itself 
bound by its provisions, with the exception of Article 2, with regard 
to which France as well as Germany made express reservations. The 
assertion of the British Government that these provisions have been 
violated by Germany is emphatically denied. 

II. 

To firstly the British Government finds it a breach of international 
law that the German mines were apparently laid by fishing vessels, 
possibly under neutral flag, under the pretense of following the ordi- 
nary peaceable avocations of fishing. This assertion is incorrect and 
an invention; the German mines were laid exclusively by German 
warships. 

2. The British Government complains that German mines were 
laid as far as 50 miles from the British coast and not only on British 
but neutral trade routes. The Convention does not stipulate how far 
from the coast and ports of an enemy mines may be anchored, and 
there is no established practice in this respect in international law; 
moreover the English statement of the distance of the German mines 
from the menaced coast is much exaggerated. The mines have been 
laid as close as the conditions of the anchoring grounds and the char- 
acter of the coast permitted. The assertion that neutral trade routes 
have been blocked is untrue ; no German mines have been laid in any 
trade route from the high seas to a neutral port. 

3. The British Protest maintains further that in numerous cases 
German mines were found adrift without having become harmless. 



16 DIPLOMATIC CORRESPONDENCE BETWEEN 

The anchoring of mines by Germany has been carried out with all 
possible precaution. If some have drifted from their moorings in 
consequence of currents or storms their number is certainly much 
smaller than that of mines laid by England which have drifted ashore 
on the Belgian and Dutch coasts and have caused damage there 
through their undiminished explosive power. 

4. The obligation of keeping mines under surveillance which the 
British Government complains has been violated can naturally be 
enjoined upon a belligerent only as long as he retains command 
over that part of the seat of war where he has laid mines in a man- 
ner permitted by international law. As a rule, therefore, this obliga- 
tion will apply only to defensive mines but not to offensive mines. 
When a belligerent has properly laid offensive mines and has duly 
notified their laying he is relieved of all further responsibility. 

5. In the British protest the charge is made that the German 
Government never issued any proclamation as to the places where 
mines were laid. This charge is not founded in fact. On August 
7th, 1914, the German Government communicated to all the neutral 
powers that the trade routes to English ports would be closed by 
mines by Germany. Neutral shipping was therefore notified of the 
fact of the laying of the mines and the zones where it had to look 
out for German mines. If the German Government did not give 
the exact situation of the various mines this may well be understood 
from the conditions which forced the laying of the mines. 



III. 

The volume of strong words and moral indignation with which 
the British protest denounces the German Government to the neutral 
powers is not, therefore, justified at all by Germany's practice. This 
protest is plainly nothing but a cloak to cover up the serious viola- 
tions of existing international law laid down in the Declaration of 
London, indulged in by England and a pretext to prepare public 
opinion for the closing of the North Sea, contrary to international law, 
which has since taken place and is equivalent in its economic impor- 
tance to a blockade of neutral coasts. In view of these facts it is 
doubly remarkable that the British Government constitutes itself 
the advocate of the "established and generally accepted principle of 
the freedom of the seas for peaceful trade." Obviously in the eyes of 
England which is at war, the only peaceful trade is that neutral trade 
which brings goods to England, but not that which carries or might 
carry goods to her opponents. 

The German Government is convinced that the continual violation 
of neutral trade by England will everywhere place the British protest 
in its true light. The German Government is satisfied that for its 
part, in taking the measures required by military exigency, it has 
reduced as far as possible risk or injury to neutral shipping, and has 
strictly followed the rules hitherto applied by civilized nations to 



THE UNITED STATES AND GERMANY 17 

maritime warfare. On the other hand, the infringement of vital 
neutral interests by England is capable of justification by no mili- 
tary exigency, since it has no connection with any military opera- 
tions and is merely intended to strike at the economic system of the 
adversary by crippling legitimate neutral trade. This fundamental 
disregard of the very freedom of the seas which it has invoked deprives 
the British Government of any right to appear as the advocate of this 
freedom in the question of the laying of mines, which is far less in- 
jurious to neutrals. 

Berlin, November 7, 1914. 



Ambassador Gerard to tlie Secretary of State. 

American Embassy, 
Berlin, November 17, 1914. 
Sir : With reference to your cable No. 598 x of November 9, 1914, 
and my reply No. 850 2 of November 16, I have the honor to transmit 
to you herewith a copy in translation of a communication received 
from the Imperial Foreign Office, dated November 14, 1914, relative 
to the regulations for navigation in the German bay of the North Sea. 
Two copies of the publication, entitled Nacliricliten fiir Seefahrer, 
in which these regulations are printed, are likewise inclosed. 
I have, etc. James W. Gerard. 



[Inclosure — Translation.] 

The Foreign Office has the honor to inform the Embassy of the 
United States of America in reply to the Note Verbale of 12th instant, 
F. 0. No. 1078, that the following are the material regulations, gov- 
erning navigation in the German Bay of the North Sea : 

1. Steamships are permitted to make for the German coast, to 
enter or leave the mouths of rivers only from sunrise to sunset, 
and in clear weather. Ships attempting to point for the coast in the 
dark, in foggy or thick weather, run the risk of being shot at. 

2. All commercial steamers bound for the Eider, Elbe, Weser 
and Jade must first point for the Listertief-Buoy ; those bound for 
the Ems should make directly for its mouth. 

3. In the interest of the safety of the ships, a pilot is obligatory 
from the Listertief-Buoy. 

4. If ships cannot obtain pilots, on account of bad weather or 

1 Not printed. : Not printed ; gives substance of inclosure herewith. 



18 DIPLOMATIC CORRESPONDENCE BETWEEN 

for other reasons, they must either anchor or put out to sea again. 

The approximate location of the Listertief-Buoy is 55° 394' 
North, 8° 17%' East. 

For the rest reference made to issue No. 59 of the Nachricliten 
fiir SeefaJirer of 4th instant, pages 1006 and 1007, two copies of 
which are attached. 1 

American shipping interests can obtain any further information 
from the Naclirichten fiir Seefahrer which is accessible to them. 

Berlin, November 14, 1914. 



NACHRICHTEN FUR SEEFAHRER. 

No. 52— Berlin, 1 October, 1914. P. 1006. 

III. NORTH SEA. 

3093/14 — German Bay (Deutsche Bucht). Sailing regulations. 
H. 9342. November 4, 1914. 

Supplementing N. F. S. — 2770 the following directions are issued 
for the regulation of navigation in the Deutsche Bucht of the North 
Sea. 

1. Steamers may not steer for the German Coast, sail in or out of 
the mouths of rivers except between sunrise and sunset and then in 
clear weather only. Vessels which attempt to make way in darkness, 
fog or dim weather are liable to be fired on. 

2. All merchant steamers bound for the Eider, the Elbe, the Weser 
and the Jade must first head for the Listertief steerage buoy. Those 
bound for the Ems make directly for that river. 

3. From the Listertief buoy on in the very interest of the ship's 
safety unconditionally obligatory pilot service is prescribed. Pilots 
will be furnished from the pilot steamer lying there. The pilot's 
directions are to be followed unconditionally Whoever fails to do so or 
attempts to steer from the German Bay without a pilot incurs great 
danger. 

4. If on account of bad weather or other causes the ships cannot get 
a pilot they must drop anchor or put back to sea. 

5. Outgoing steamers receive their pilots and other instructions 
from the port authorities. 

6. The same rules apply to foreign war ships. 

7. Navigation by sail to and from the harbors of the German Bay 
of the North Sea is totally stopped because of the danger therein 
involved. 

1 Not printed. 



THE UNITED STATES AND GERMANY 19 

NACHRICHTEN FUR SEEFAHRER. 

No. 52— Berlin, 1 October, 1914. P. 898. 

III. NORTH SEA. 

2770/14. Germany — North Sea — Making for harbors. 
H 8088/14— Berlin, September 26, 1914. 

The course of merchant vessels bound for German North Sea ports 
in the Jade, Weser, Elbe and Eider is set at the Listertief steerage 
buoy. The course of the Ems remains as in peace. The directions of 
N. F. S. 14-2248. Figure 2 paragraph 2 and No. 2423, paragraph 3 are 
at the same time superseded. 

Approximate position of the Listertief steerage buoy : 55° 3%' N. ; 
8° nw W. 



NACHRICHTEN FUR SEEFAHRER. 

No. 62— Berlin, November 10, 1914. P. 1029. 

3161/14. Navigation of the North Sea — Announcement. 
A IV— 11563, November 9, 1914. 

The British Government on November 2, 1914, issued, on the basis 
of a false accusation that Germany had, with hospital ships and mer- 
chant vessels under a neutral flag laid mines and reconnoitered in the 
North Sea, a notice to mariners sailing to and in the North Sea, which 
recommended to vessels, on the pretext of danger from mines in the 
North Sea to pass through the Channel, the Downs, and along the 
English coast and warned them against sailing through the North Sea 
and around the Orkney and Shetland Islands. 

In contradiction of this it is pointed out that the waters of the 
Northern North Sea including the line running from the Hebrides 
across the Faroe Islands to Iceland, the waters along the Norwegian 
Coast and in the Skagerrak are generally so deep as to exclude all 
laying of mines. On the other hand it is known that in the South 
of the North Sea and in the Channel a number of mines, and as has 
been ascertained, mines of English and French origin, are drifting 
about that have not been deadened, and that at many places of the 
course along the English Eastern Coast recommended by England 
mines have been laid of which several were run into adrift lately. 

The course recommended by England, through the Channel, the 
Downs and along the English East Coast is therefore very dangerous 
to shipping, while the course through the North of the North Sea is 
free of mines and therefore free of danger. 

See N. F. S. 14-262. 



20 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Secretary of State to Ambassador Gerard. 

Department of State, 
Washington, December 8, 1914. 
Sir: In further acknowledgment of your dispatch No. 261, of 
November 13, 1914, transmitting a copy in translation of the reply of 
the German Government to the protest of the British Government 
against the laying of German mines, you are informed that a copy 
thereof has been forwarded to the American Ambassador at London 
for transmission to the British Foreign Office without comment. 
I am, etc., 

For the Secretary of State : 

Robert Lansing. 



Ambassador Gerard to the Secretary of State. 

[ Telegram — Paraphrase. ] 

American Embassy, 
Berlin, February 22, 1915. 
Mr. Gerard states that it is reported by the Consular Agent at 
Bremerhaven that the vessel Evelyn was sunk by a mine on the night 
of the twentieth between Norderney and the Isle of Borkum. One of 
the three boats, which were manned and left the vessel, is missing. It 
is said that a German scout boat saved the captain and twenty-eight 
men of the Evelyn. American steamers now at Bremen can take the 
survivors to America. 



Ambassador Gerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, February 22, 1915. 
Consul General Bremerhaven reports steamer Evelyn ran on two 
mines nineteenth, four a. m., near Isle Borkum, sank seven hours later. 
Only two boats manned : Captain Smith, thirteen men, Dutch pilot in 
one; First Officer Senson, thirteen men in other. First boat said to 
have been rescued ten o'clock Saturday morning, but present where- 
abouts yet unknown. Latter boat picked up by German scoutship 
Mars four o'clock Saturday afternoon; taken to Heligoland. Thirteen 
men brought to Bremerhaven, put in sailors' home. Spanish stoker, 
Hans Ilaro, frozen and buried at sea ; appears to be only death. Other 
survivors expected to-morrow. Those in Bremerhaven out of danger. 

Gerard. 



THE UNITED STATES AND GERMANY 21 

Ambassador Gerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, February 25, 1915. 
Consular Agent, Bremerhaven, reports Carib apparently ran on 
mine twenty-second, eleven a. m., ten miles west Norderney, soon 
sank. Three of crew of thirty lost. Captain Cole and twenty-six men 
picked up hour and half later by German scout-boat Annie Busse; 
brought to Bremerhaven twenty-fourth, ten p. m. 

Gerard. 



Ambassador Gerard to the Secretary of State. 

[ Telegram — Paraphrase. ] 

American Embassy, 
Berlin, February 25, 1915. 
Mr. Gerard states that Commander Gherardi has been informed by 
the Admiralty that the vessel Evelyn sank in latitude 53° 52' North, 
longitude 6° T East. 



The German Ambassador to the Secretary of State. 

[Translation.] 

German Embassy, 
Washington, March 1, 1915. 
Mr. Secretary op State : 

Pursuant to instructions, I have the honor to inform your excel- 
lency that the American vessels Evelyn and Carib were lost in the 
North Sea because, contrary to the directions given in the Nachrichten 
fur Seefahrer (Notice to Mariners) No. 2770-14, 3093-14 and 33-15, 
they ran along the East Priesian Islands by direction, as stated by the 
captain of the Evelyn, of a British warship. 1 

The Imperial Government urgently recommends all vessels for 
Helgoland Bay from the coast of the Netherlands to sail up to about 
the fifty-fifth degree of latitude from the Terschelling Lighthouse and 
then steer for Listertief and there wait for a German pilot. He alone 
can furnish reliable information to navigate the German Bay. 

The safest course is that given in No. 3161-14 of the Nachrichten 
fitr Seefahrer. 

Accept, etc., J. Bernstorff. 

1 A note from the British Ambassador, dated February 25, 1915, states that 
" the British naval officer who boarded the Evelyn gave no instructions of any 
kind to the master of that vessel." 



22 DIPLOMATIC CORRESPONDENCE BETWEEN 

Ambassador Gerard to the Secretary of State. 
[Telegram.] 

American Embassy, 
Berlin, March 2, 1915. 
Mr. Gerard reports the return of Naval Attache, Gherardi from 
Bremen where he was sent to obtain the statements of the captains of 
the vessels Evelyn and Carib. Both of the vessels were sunk by- 
mines. The British gave no false directions as reported. Both of the 
vessels simply ran on mine field. 



The German Ambassador to the Secretary of State. 
[Translation.] 

German Embassy, 
Washington, D. C, March 26, 1915. 
Mr. Secretary of State: 

Referring to your Excellency's kind note of the 5th instant about 
the sinking of the American steamer Evelyn, I have the honor to 
make to your Excellency the following communication: 

The investigation of the Evelyn and Carib casualties brought to 
light the fact that the vessels had on board Dutch, not German pilots. 
Those pilots appear to have been furnished by the Rotterdam branch 
of the English Furness Steamship Company. Those pilots according 
to the inquiries made are not competent to navigate German waters. 
It was found, for instance, that H. Benne, the pilot taken by the 
steamer Osmidgu, who was formerly a Dutch district pilot but is 
already on the pension list, declared, he knew nothing of a certain 
sailing direction for the German coast which is enough to show that 
he is not fit to steer a vessel to Germany. As a matter of fact he did 
not ever observe the sailing directions issued by the German Ad- 
miralty for the German coast and it was just luck that saved the 
Osmidgu from the fate of the Evelyn. 

The master of the Evelyn declared that he sailed through the 
Channel and had a mine pilot along the English coast. It seems that 
the English officer who came on board with the pilot told him that he 
should steer not the Northern course but the Southerly course below 
the East Friesian Islands, which was the course taken by the other 
steamers. "Whereupon he steamed for Rotterdam and there took a 
pilot. On being asked why he had not steered for Listertief, he re- 
plied that he had left everything to the pilot. 

According to his chart the casualty occurred fifty-three degrees 
fifty-two minutes north six degrees seven minutes east. The pilot who 
had the looks of an old Dutch fisherman and made a rather unfavor- 
able impression declared that he had steered that course because he 



THE UNITED STATES AND GERMANY 23 

had heard that other ships had taken it. In reply to a question he 
said that he had never come with a ship into the German Bay since 
the war began. 

In order to avert further casualties as much as possible I have the 
honor to leave it to your excellency kindly to consider whether it may 
not be advisable to warn in such manner as may seem appropriate the 
American steamship companies concerned against applying to the 
above mentioned firms for pilots. I make this recommendation all 
the stronger as there is reason to suspect that the enemy will spare no 
efforts to expose ships bound for Germany to danger and that influ- 
ence is possibly brought to bear on the pilot service. I would in this 
connection again repeat that the course recommended in the Nach- 
richten fiir Seefahrer, No. 3161/14, North around Scotland to the 
guiding buoys of Listertief offers the least danger. 

Accept, etc., J. Bernstorfp. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, April 12, 1915. 
Sir: I have the honor to transmit herewith inclosed a translation 
of a Note received from the German Foreign Office relative to the sink- 
ing of the American cotton steamers Evelyn and Carib. 

I have, etc., James W. Gerard. 



[Inclosure.] 



NOTE VERBALE. 



Foreign Office, 
Berlin, March 10, 1915. 



With reference to its Note Verbale of the 3rd instant, No. 11 U 
901, the Foreign Office has the honor to inform the American Embassy 
that from now available investigations and reports in the matter of 
the American cotton ships, Evelyn, Carib, and Ocmulgee, it is estab- 
lished that the loss of the two steamers Evelyn and Carib is to be 
ascribed to the captains and to the inadequacy of the pilots taken by 
them. The captains did not observe the directions given them in the 
United States and the pilots undertook a task to which they were in no 
way equal. 

As the Admiralty has already directly informed the Embassy 
Naval Attache, the captains and crews have complete freedom of 
action. 



24 DIPLOMATIC CORRESPONDENCE BETWEEN 

Part IV. 
SUBMARINE WARFARE. 

The German Ambassador to the Secretary of State. 

[Translation.] 

German Embassy, 
Washington, February 6, 1915. 
Mr. Secretary of State: 

By direction of my Government I have the honor to communi- 
cate the following to Your Excellency. 

It is known to the Imperial Government that Great Britain is on 
the point of shipping to France large forces of troops and quantities 
of implements of war. Germany will oppose this shipment with 
every war means at its command. 

As peaceful craft may be, from being mistaken for vessels en- 
gaged in war operations, exposed to serious danger, the Imperial 
Government is placed under the necessity of warning of such danger 
vessels approaching the North and West Coasts of France. Merchant 
vessels repairing to the North Sea are advised to steer around Scot- 
land. 

Accept, etc., 

For the Imperial Ambassador: 

Haniel. 

Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, February 6, 1915. 
Sir: I have the honor to transmit to you herewith two copies of 
the proclamation of the German Admiralty of February 4, 1915, 
declaring the waters surrounding Great Britain and Ireland to be 
comprised within the seat of war, as well as two copies each in Ger- 
man and French of the memorial of the Imperial Government on 
this subject and an English translation of the same. 

I have, etc., James W. Gerard. 



[Inclosure 1 — Translation.] 

proclamation. 

1. The waters surrounding Great Britain and Ireland including 
the whole English channel are hereby declared to be war zone. On 
and after the 18th of February, 1915, every enemy merchant ship 
found in the said war zone will be destroyed without its being always 



THE UNITED STATES AND GERMANY 25 

possible to avert the dangers threatening the crews and passengers on 
that account. 

2. Even neutral ships are exposed to danger in the war zone as 
in view of the misuse of neutral flags ordered on January 31 by the 
British Government and of the accidents of naval war, it cannot 
always be avoided to strike even neutral ships in attacks that are 
directed at enemy ships. 

3. Northward navigation around the Shetland Islands, in the 
eastern waters of the North Sea and in a strip of not less than 30 
miles width along the Netherlands coast is in no danger. 

von Pohl, 
Chief of the Admiral Staff of the Navy. 
Berlin, February 4, 1915. 



[Inclosure 2 — Translation.] 

MBMORIAL OP THE IMPERIAL GERMAN GOVERNMENT RESPECTING RETALIA- 
TORY MEASURES RENDERED NECESSARY BY THE MEANS EMPLOYED EY 
ENGLAND CONTRARY TO INTERNATIONAL LAW IN INTERCEPTING NEU- 
TRAL MARITIME TRADE WITH GERMANY. 

Since the commencement of the present war Great Britain's con- 
duct of commercial warfare against Germany has been a mockery of 
all the principles of the law of nations. While the British Govern- 
ment have by several orders declared that their naval forces should 
be guided by the stipulations of the Declaration of London, they have 
in reality repudiated this Declaration in the most essential points, 
notwithstanding the fact that their own delegates at the Maritime 
Conference of London acknowledged its acts as forming part of exist- 
ing international law. The British Government have placed a num- 
ber of articles on the contraband list which are not at all, or only 
very indirectly capable of use in warfare, and consequently cannot 
be treated as contraband either under the Declaration of London or 
under the generally acknowledged rules of international law. In addi- 
tion, they have in fact obliterated the distinction between absolute and 
conditional contraband by confiscating all articles of conditional con- 
traband destined for Germany, whatever may be the port where these 
articles are to be unloaded, and without regard to whether they are 
destined for uses of war or peace. They have not even hesitated to 
violate the Declaration of Paris, since their naval forces have cap- 
tured on neutral ships German property which was not contraband 
of war. Furthermore, they have gone further than their own orders 
respecting the Declaration of London and caused numerous German 
subjects capable of bearing arms to be taken from neutral ships and 
made prisoners of war. Finally, they have declared the North Sea 
in its whole extent to be the seat of war, thereby rendering difficult 
and extremely dangerous, if not impossible, all navigation on the high 



26 DIPLOMATIC CORRESPONDENCE BETWEEN 

seas between Scotland and Norway, so that they have in a way estab- 
lished a blockade of neutral coasts and ports, which is contrary to 
the elementary principles of generally accepted international law. 
Clearly all these measures are part of a plan to strike not only the 
German military operations but also the economic system of Germany, 
and in the end to deliver the whole German people to reduction by 
famine, by intercepting legitimate neutral commerce by methods con- 
trary to international law. 

The neutral powers have in the main acquiesced in the measures 
of the British Government ; in particular they have not been success- 
ful in securing the release by the British Government of the German 
subjects and German merchandise illegally taken from their vessels. 
To a certain extent they have even contributed toward the execution 
of the measures adopted by England in defiance of the principle of 
the freedom of the seas by prohibiting the export and transit of 
goods destined for peaceable purposes in Germany, thus evidently 
yielding to pressure by England. The German Government have in 
vain called the attention of the neutral powers to the fact that Ger- 
many must seriously question whether it can any longer adhere to 
the stipulations of the Declaration of London, hitherto strictly ob- 
served by it, in case England continues to adhere to its practice, and 
the neutral powers persist in looking with indulgence upon all these 
violations of neutrality to the detriment of Germany. Great Britain 
invokes the vital interests of the British Empire which are at stake 
in justification of its violations of the law of nations, and the neutral 
powers appear to be satisfied with theoretical protests, thus actually 
admitting the vital interests of a belligerent as a sufficient excuse 
for methods of waging war of whatever description. 

The time has come for Germany also to invoke such vital interests. 
It therefore finds itself under the necessity, to its regret, of taking 
military measures against England in retaliation of the practice fol- 
lowed by England. Just as England declared the whole North Sea 
between Scotland and Norway to be comprised within the seat of 
war, so does Germany now declare the waters surrounding Great 
Britain and Ireland, including the whole English Channel to be com- 
prised within the seat of war, and will prevent by all the military 
means at its disposal all navigation by the enemy in those waters. 
To this end it will endeavor to destroy, after February 18 next, any 
merchant vessels of the enemy which present themselves at the seat 
of war above indicated, although it may not always be possible to 
avert the dangers which may menace persons and merchandise. Neu- 
tral powers are accordingly forewarned not to continue to intrust 
their crews, passengers, or merchandise to such vessels. Their atten- 
tion is furthermore called to the fact that it is of urgency to recom- 
mend to their own vessels to steer clear of these waters. It is true 
that the German Navy has received instructions to abstain from all 
violence against neutral vessels recognizable as such ; but in view of 
the hazards of war, and of the misuse of the neutral flag ordered by 
the British Government, it will not always be possible to prevent a, 



THE UNITED STATES AND GERMANY 27 

neutral vessel from becoming the victim of an attack intended to be 
directed against a vessel of the enemy. It is expressly declared that 
navigation in the waters north of the Shetland Islands is outside the 
danger zone, as well as navigation in the eastern part of the North 
Sea and in a zone thirty marine miles wide along the Dutch coast. 

The German Government announces this measure at a time per- 
mitting enemy and neutral ships to make the necessary arrangements 
to reach the ports situated at the seat of war. They hope that the 
neutral powers will accord consideration to the vital interests of Ger- 
many equally with those of England, and will on their part assist in 
keeping their subjects and their goods far from the seat of war; the 
more so since they likewise have a great interest in seeing the termina- 
tion at an early day of the war now ravaging. 

Berlin, February 4, 1915. 



The Secretary of State to Ambassador Gerard. 

[Telegram.] 

Department of State, 
Washington, February 10, 1915. 
Please address a note immediately to the Imperial German Gov- 
ernment to the following effect: 

The Government of the United States, having had its attention 
directed to the proclamation of the German Admiralty issued on the 
4th of February, that the waters surrounding Great Britain and 
Ireland, including the whole of the English Channel, are to be con- 
sidered as comprised within the seat of war; that all enemy mer- 
chant vessels found in those waters after the eighteenth instant will 
be destroyed, although it may not always be possible to save crews 
and passengers ; and that neutral vessels expose themselves to danger 
within this zone of war because, in view of the misuse of neutral flags 
said to have been ordered by the British Government on the 31st 
of January and of the contingencies of maritime warfare, it may 
not be possible always to exempt neutral vessels from attacks 
intended to strike enemy ships, feels it to be its duty to call the 
attention of the Imperial German Government, with sincere respect 
and the most friendly sentiments but very candidly and earnestly, 
to the very serious possibilities of the course of action apparently con- 
templated under that proclamation. 

The Government of the United States views those possibilities with 
such grave concern that it feels it to be its privilege, and indeed its 
duty in the circumstances, to request the Imperial German Govern- 
ment to consider before action is taken the critical situation in respect 
of the relations between this country and Germany which might arise 
were the German naval forces, in carrying out the policy foreshadowed 



28 DIPLOMATIC CORRESPONDENCE BETWEEN 

in the Admiralty's proclamation, to destroy any merchant vessel of 
the United States or cause the death of American citizens. 

It is of course not necessary to remind the German Government 
that the sole right of a belligerent in dealing with neutral vessels 
on the high seas is limited to visit and search, unless a blockade is 
proclaimed and effectively maintained, which this Government does 
not understand to be proposed in this case. To declare or exercise a 
right to attack and destroy any vessel entering a prescribed area of 
the high seas without first certainly determining its belligerent nation- 
ality and the contraband character of its cargo would be an act so 
unprecedented in naval warfare that this Government is reluctant 
to believe that the Imperial Government of Germany in this case 
contemplates it as possible. The suspicion that enemy ships are using 
neutral flags improperly can create no just presumption that all ships 
traversing a prescribed area are subject to the same suspicion. It is 
to determine exactly such questions that this Government under- 
stands the right of visit and search to have been recognized. 

This Government has carefully noted the explanatory statement 
issued by the Imperial German Government at the same time with the 
proclamation of the German Admiralty, and takes this occasion to 
remind the Imperial German Government veiy respectfully that the 
Government of the United States is open to none of the criticisms for 
unneutral action to which the German Government believe the gov- 
ernments of certain of other neutral nations have laid themselves 
open ; that the Government of the United States has not consented 
to or acquiesced in any measures which may have been taken by the 
other belligerent nations in the present war which operate to restrain 
neutral trade, but has, on the contrary, taken in all such matters 
a position which warrants it in holding those governments respon- 
sible in the proper way for any untoward effects upon American 
shipping which the accepted principles of international law do not 
justify; and that it, therefore, regards itself as free in the present 
instance to take with a clear conscience and upon accepted principles 
the position indicated in this note. 

If the commanders of German vessels of war should act upon the 
presumption that the flag of the United States was not being used in 
good faith and should destroy on the high seas an American vessel or 
the lives of American citizens, it would be difficult for the Govern- 
ment of the United States to view the act in any other light than as 
an indefensible violation of neutral rights which it would be very 
hard indeed to reconcile with the friendly relations now so happily 
subsisting between the two Governments. 

If such a deplorable situation should arise, the Imperial German 
Government can readily appreciate that the Government of the United 
States would be constrained to hold the Imperial German Govern- 
ment to a strict accountability for such acts of their naval authorities 
and to take any steps it might be necessary to take to safeguard 
American lives and property and to secure to American citizens the 
full enjoyment of their acknowledged rights on the high seas. 



THE UNITED STATES AND GERMANY 29 ' 

The Government of the United States, in view of these considera- 
tions, which it urges with the greatest respect and with the sincere 
purpose of making sure that no misunderstanding may arise and no 
circumstance occur that might even cloud the intercourse of the two 
Governments, expresses the confident hope and expectation that the 
Imperial German Government can and will give assurance that Ameri- 
can citizens and their vessels will not be molested by the naval forces 
of Germany otherwise than by visit and search, though their vessels 
may be traversing the sea area delimited in the proclamation of the 
German Admiralty. 

It is added for the information of the Imperial Government that 
representations have been made to His Britannic Majesty's Govern- 
ment in respect to the unwarranted use of the American flag for the 
protection of British ships. Bryan. 



The German Minister for Foreign Affairs to Ambassador Gerard. 

Berlin, February 16. 1915. 

In reference to the note of the 12th instant, Foreign Office num- 
ber twenty-two sixty, relative to the German measures respecting 
the theater of war in the waters surrounding England, the under- 
signed has the honor to reply to His Excellency the Ambassador of 
the United States, James W. Gerard, as follows : 

The Imperial German Government have examined the communi- 
cation of the Government of the United States in the same spirit of 
good will and friendship which seems to have prompted this com- 
munication. 

The Imperial German Government are in entire accord with the 
Government of the United States that it is in the highest degree 
desirable for all parties to avoid the misunderstanding which might 
arise from the measures announced by the German Admiralty and 
to avert the intrusion of events calculated to interrupt the most 
friendly relations which have so happily existed between the two 
Governments up to this time. 

On this assurance the German Government believe that they may 
depend on full understanding on the part of the United States, all 
the more because the action announced by the German Admiralty, as 
was dwelt upon at length in the note of the 4th instant, is in no 
wise directed against the legitimate trade and navigation of neutral 
states, but merely represents an act of self-defense which Germany's 
vital interests force her to take against England's method of con- 
ducting maritime war in defiance of international law, which no 



30 DIPLOMATIC CORRESPONDENCE BETWEEN 

protest on the part of neutrals has availed to bring into accordance 
with the legal status generally recognized before the outbreak of 
hostilities. 

In order to exclude all possible doubt on this cardinal point the 
German Government beg to set forth once more the actual situation. 

Up to now Germany has scrupulously observed the existing pro- 
visions of international law relative to maritime war. In particular 
she assented without delay to the proposal made by the American 
Government directly after the war began to ratify the Declaration of 
London and embodied the contents thereof without change in her 
prize law, even without formally binding herself in this direction. 
The German Government have adhered to these provisions, even where 
they conflicted with military interests. Our Government at the same 
time have permitted the supply of food by Denmark to England until 
the present, although they could well have prevented this traffic by 
means of their naval forces. 

In direct opposition to this, England has not shrunk from grave 
violations of international law wherever she could thereby cripple 
Germany's peaceable trade with neutral countries. It will not be 
necessary for the German Government to go into detail on this point, 
especially since the American note to the British Government dated 
December 28, 1914, which has been brought to their knowledge, has 
dealt with this point very aptly if not very exhaustively on the 
ground of the experiences of months. 

It is conceded that the intention of all these aggressions is to cut 
off Germany from all supplies and thereby to deliver up to death by 
famine a peaceful civilian population, a procedure contrary to law 
of war and every dictate of humanity. 

The neutrals have not been able to prevent this interception of 
different kinds of trade with Germany contrary to international law. 
It is true that the American Government have protested against Eng- 
land's procedure, and Germany is glad to acknowledge this, but in 
spite of this protest and the protests of the other neutral Govern- 
ments England has not allowed herself to be dissuaded from the 
course originally adopted. Thus the American ship WiUielmina was 
recently brought into port by England, although her cargo was des- 
tined solely for the civil population of Germany and was to be used 
only for this purpose according to an express declaration of the 
German Government. 

In this way the following has been created : Germany is to all 
intents and purposes cut off from oversea supplies with the toleration, 



THE UNITED STATES AND GERMANY 31 

tacit or protesting, of the neutrals regardless of whether it is a ques- 
tion of goods which are absolute contraband or only conditional con- 
traband or not contraband at all, following the law generally recog- 
nized before the outbreak of the war. On the other hand England 
with the indulgence of neutral Governments is not only being pro- 
vided with such goods as are not contraband or merely conditional 
contraband, namely, foodstuffs, raw material, etc., although these 
are treated by England when Germany is in question as absolute con- 
traband, but also with goods which have been regularly and unques- 
tionably acknowledged to be absolute contraband. The German Gov- 
ernment believe that they are obliged to point out very particularly 
and with the greatest emphasis, that a trade in arms exists between 
American manufacturers and Germany's enemies which is estimated 
at many hundred million marks. 

The German Government have given due recognition to the fact 
that as a matter of form the exercise of rights and the toleration of 
wrong on the part of neutrals is limited by their pleasure alone and 
involves no formal breach of neutrality. The German Government 
have not in consequence made any charge of formal breach of neu- 
trality. The German Government cannot, however, do otherwise, 
especially in the interest of absolute clearness in the relations between 
the two countries, than to emphasize that they, in common with the 
public opinion in Germany, feel themselves placed at a great dis- 
advantage through the fact that the neutral powers have hitherto 
achieved no success or only an unmeaning success in their assertion 
of the right to trade with Germany, acknowledged to be legitimate 
by international law, whereas they make unlimited use of their right 
to tolerate trade in contraband with England and our other enemies. 
Conceded that it is the formal right of neutrals not to protect their 
legitimate trade with Germany and even to allow themselves know- 
ingly and willingly to be induced by England to restrict such trade, 
it is on the other hand not less their good right, although unfor- 
tunately not exercised, to stop trade in contraband, especially the 
trade in arms, with Germany's enemies. 

In view of this situation the German Government see themselves 
compelled, after six months of patience and watchful waiting, to meet 
England's murderous method of conducting maritime war with drastic 
counter measures. If England invokes the powers of famine as an 
ally in its struggles against Germany with the intention of leaving a 
civilized people the alternative of perishing in misery or submitting 
to the yoke of England's political and commercial will, the German 



32 DIPLOMATIC CORRESPONDENCE BETWEEN 

Government are to-day determined to take up the gauntlet and to 
appeal to the same grim ally. They rely on the neutrals who have 
hitherto tacitly or under protest submitted to the consequences, detri- 
mental to themselves, of England's war of famine to display not less 
tolerance toward Germany, even if the German measures constitute 
new forms of maritime war, as has hitherto been the case with the 
English measures. 

In addition to this, the German Government are determined to 
suppress with all the means at their disposal the supply of war mate- 
rial to England and her allies and assume at the same time that it is 
a matter of course that the neutral Governments which have hitherto 
undertaken no action against the trade in arms with Germany's 
enemies do not intend to oppose the forcible suppression of this trade 
by Germany. 

Proceeding from these points of view the German Admiralty has 
declared the zone prescribed by it the seat of war; it will obstruct 
this area of maritime war by mines wherever possible and also en- 
deavor to destroy the merchant vessels of the enemy in any other way. 

It is very far indeed from the intention of the German Govern- 
ment, acting in obedience to these compelling circumstances, ever to 
destroy neutral lives and neutral property, but on the other hand 
they cannot be blind to the fact that dangers arise through the action 
to be carried out against England which menace without discrimina- 
tion all trade within the area of maritime war. This applies as a 
matter of course to war mines, which place any ship approaching a 
mined area in danger, even if the limits of international law are 
adhered to most strictly. 

The German Government believe that they are all the more justi- 
fied in the hope that the neutral powers will become reconciled with 
this, just as they have with the serious injury caused them thus far 
by England's measures, because it is their will to do everything in 
any way compatible with the accomplishment of their purpose for the 
protection of neutral shipping even within the area of maritime war. 

They furnish the first proof of their good will by announcing the 
measures intended by them at a time not less than two weeks before- 
hand, in order to give neutral shipping an opportunity to make the 
necessary arrangements to avoid the threatening danger. The safest 
method of doing this is to stay away from the area of maritime war. 
Neutral ships entering the closed waters in spite of this announce- 
ment, given so far in advance, and which seriously impairs the accom- 
plishment of the military purpose against England, bear their own 



THE UNITED STATES AND GERMANY 33 

responsibility for any unfortunate accidents. The German Govern- 
ment on their side expressly decline all responsibility for such acci- 
dents and their consequences. 

Furthermore, the German Government announced merely the de- 
struction of enemy merchant vessels found within the area of mari- 
time war, and not the destruction of all merchant vessels, as the 
American Government appear to have erroneously understood. This 
limitation which the German Government have imposed upon them- 
selves impairs the military purpose, especially since the presumption 
will prevail, even in the case of neutral ships, that they have contra- 
band on board in view of the interpretation of the idea of contraband 
in which the English Government have indulged as regards Germany 
and which the German Government will accordingly apply against 
England. 

Naturally the Imperial Government are not willing to waive the 
right to establish the presence of contraband in the cargoes of neutral 
ships and, in cases requiring it, to take any action necessary on the 
grounds established. Finally the German Government are prepared 
to accord, in conjunction with the American Government, the most 
earnest consideration to any measure that might be calculated to 
insure the safety of legitimate shipping of neutrals within the seat 
of war. They cannot, however, overlook the fact that all efforts in 
this direction are considerably hampered by two circumstances : First, 
by the misuse of the neutral flag by English merchant vessels, which 
in the meantime has probably been established beyond a doubt by the 
American Government likewise. Second, by the above-mentioned 
trade in contraband, especially war materials, by neutral merchant 
vessels. In regard to the latter point, the German Government ven- 
tures to hope that the American Government upon reconsideration 
will see their way clear to a measure of intervention in accordance 
with the spirit of true neutrality. 

As regards the first point, the secret order of the British Admiralty 
has already been communicated to the American Government by Ger- 
many. It recommends English merchant vessels to use neutral flags 
and has in the meantime been confirmed by a statement of the British 
Foreign Office which refers to the municipal law of England and 
characterizes such action as quite unobjectionable. The English mer- 
chant marine has followed this counsel without delay, as is probably 
known to the American Government, from the cases of the Lusitania 
and Laertes. Moreover, the British Government have armed English 
merchant vessels and instructed them to resist by force the German 



34 DIPLOMATIC CORRESPONDENCE BETWEEN 

submarines. In these circumstances it is very difficult for the German 
submarines to recognize neutral merchant vessels as such, for even a 
search will not be possible in the majority of cases, since the attacks 
to be anticipated in the case of a disguised English ship would expose 
the commanders conducting a search and the boat itself to the danger 
of destruction. 

The British Government would then be in a position to render the 
German measures illusory if their merchant marine persists in the 
misuse of neutral flags and neutral vessels are not marked in some 
other manner admitting of no possible doubt. Germany must, in the 
exigency into which she has unlawfully been forced, make her meas- 
ures effective at all events in order thereby to compel her adversary 
to conduct maritime warfare in accordance with international law 
and thus to reestablish the freedom of the seas which she has ever 
advocated and for which she is fighting likewise to-day. 

The German Government, therefore, welcomes the fact that the 
American Government have made representations to the British Gov- 
ernment relative to the use of their flag contrary to law and give 
expression to the expectation that this action will cause England to 
respect the American flag in future. 

In this expectation the commanders of the German submarines 
have been instructed, as was already stated in the note of fourth 
instant, to abstain from violence to American merchant vessels when 
they are recognizable as such. 

In order to meet in the safest manner all the consequences of mis- 
taking an American for a hostile merchant vessel the German Gov- 
ernment recommended that (although this would not apply in the 
case of danger from mines) the United States convoy their ships 
carrying peaceable cargoes and traversing the English seat of mari- 
time war in order to make them recognizable. In this connection the 
German Government believe it should be made a condition that only 
such ships should be convoyed as carry no merchandise which would 
have to be considered as contraband according to the interpretation 
applied by England against Germany. The German Government are 
prepared to enter into immediate negotiations with the American 
Government relative to the manner of convoy. They would, however, 
be particularly grateful if the American Government would urgently 
advise their merchant vessels to avoid the English seat of maritime 
war, at any rate until the flag question is settled. 

The German Government resign themselves to the confident hope 
that the American Government will recognize the full meaning of the 



THE UNITED STATES AND GERMANY 35 

severe struggle which Germany is conducting for her very existence 
and will gain full understanding of the reasons which prompt Ger- 
many and the aims of the measures announced by her from the above 
explanations and promises. 

The German Government repeat that in the scrupulous considera- 
tion for neutrals hitherto practiced by them they have determined 
upon the measures planned only under the strongest compulsion of 
national self-preservation. Should the American Government at the 
eleventh hour succeed in removing, by virtue of the weight which 
they have the right and ability to throw into the scales of the fate 
of peoples, the reasons which have made it the imperative duty of 
the German Government to take the action indicated, should the 
American Government in particular find a way to bring about the 
observation of the Declaration of London on the part of the Powers 
at war with Germany and thereby to render possible for Germany 
the legitimate supply of foodstuffs and industrial raw materials, the 
German Government would recognize this as a service which could 
not be too highly estimated in favor of more humane conduct of war 
and would gladly draw the necessary conclusions from the new situ- 
ation thus created. 

The undersigned requests the Ambassador to bring the above to 
the attention of the American Government and avails himself of the 
opportunity to renew, etc. 

Von Jagow. 



The Secretary of State to Ambassador Gerard} 

[Telegram.] 

Department op State, 
Washington, February 20, 1915. 

You will please deliver the following identic note which we are 
sending England and Germany: 

In view of the correspondence which has passed between this Gov- 
ernment and Great Britain and Germany respectively, relative to the 
Declaration of a war zone by the German Admiralty and the use of 
neutral flags by British merchant vessels, this Government ventures to 
express the hope that the two belligerent Governments may, through 
reciprocal concessions, find a basis for agreement which will relieve 
neutral ships engaged in peaceful commerce from the great dangers 
which they will incur in the high seas adjacent to the coasts of the 
belligerents. 

1 Same to the American Embassy at London. 



36 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Government of the United States respectfully suggests that 
an agreement in terms like the following might be entered into. This 
suggestion is not to be regarded as in any sense a proposal made by 
this Government, for it of course fully recognizes that it is not its 
privilege to propose terms of agreement between Great Britain and 
Germany, even though the matter be one in which it and the people 
of the United States are directly and deeply interested. It is merely 
venturing to take the liberty which it hopes may be accorded a sin- 
cere friend desirous of embarrassing neither nation involved and of 
serving, if it may, the common interests of humanity. The course 
outlined is offered in the hope that it may draw forth the views and 
elicit the suggestions of the British and German Governments on a 
matter of capital interest to the whole world. 

Germany and Great Britain to agree : 

1. That neither will sow any floating mines, whether upon the 
high seas or in territorial waters ; that neither will plant on the high 
seas anchored mines except within cannon range of harbors for defen- 
sive purposes only; and that all mines shall bear the stamp of the 
Government planting them and be so constructed as to become harm- 
less if separated from their moorings. 

2. That neither will use submarines to attack merchant vessels of 
any nationality except to enforce the right of visit and search. 

3. That each will require their respective merchant vessels not to 
use neutral flags for the purpose of disguise or ruse de guerre. 

Germany to agree : 

That all importations of food or foodstuffs from the United States 
and (from such other neutral countries as may ask it) into Germany 
shall be consigned to agencies to be designated by the United States 
Government; that these American agencies shall have entire charge 
and control without interference on the part of the German Govern- 
ment, of the receipt and distribution of such importations, and shall 
distribute them solely to retail dealers bearing licenses from the 
German Government entitling them to receive and furnish such food 
and foodstuffs to noncombatants only ; that any violation of the terms 
of the retailers' licenses shall work a forfeiture of their rights to 
receive such food and foodstuffs for this purpose; and that such 
food and foodstuffs will not be requisitioned by the German Govern- 
ment for any purpose whatsoever or be diverted to the use of the 
armed forces of Germany. 

Great Britain to agree : 

That food and foodstuffs will not be placed upon the absolute 
contraband list and that shipments of such commodities will not be 
interfered with or detained by British authorities if consigned to 
agencies designated by the United States Government in Germany 
for the receipt and distribution of such cargoes to licensed German 
retailers for distribution solely to the noncombatant population. 

In submitting this proposed basis of agreement this Government 
does not wish to be understood as admitting or denying any belliger- 
ent or neutral right established by the principles of international law, 



THE UNITED STATES AND GERMANY 37 

but would consider the agreement, if acceptable to the interested 
powers, a modus vivendi based upon expediency rather than legal 
right and as not binding upon the United States either in its present 
form or in a modified form until accepted by this Government. 

Bryan. 



Ambassador Gerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, March 1, 1915. 
Following is translation of the German reply: 

The undersigned has the honor to inform His Excellency, Mr. 
James W. Gerard, Ambassador of the United States of America, in 
reply to the note of the 22d instant that the Imperial German Gov- 
ernment have taken note with great interest of the suggestion of the 
American Government that certain principles for the conduct of mari- 
time war on the part of Germany and England be agreed upon for 
the protection of neutral shipping. They see therein new evidence of 
the friendly feelings of the American Government toward the Ger- 
man Government which are fully reciprocated by Germany. 

It is in accordance with Germany's wishes also to have maritime 
war conducted according to rules which without discriminately re- 
stricting one or the other of the belligerent powers in the use of their 
means of warfare are equally considerate of the interests of neutrals 
and the dictates of humanity. Consequently it was intimated in the 
German note of the 16th instant that observation of the Declaration 
of London on the part of Germany's adversaries would create a new 
situation from which the German Government would gladly draw 
the proper conclusions. 

Proceeding from this view, the German Government have care- 
fully examined the suggestion of the American Government and be- 
lieve that they can actually see in it a suitable basis for the practical 
solution of the questions which have arisen. 

With regard to the various points of the American note they beg 
to make the following remarks : 

1. With regard to the sowing of mines, the German Government 
would be willing to agree as suggested not to use floating mines and 
to have anchored mines constructed as indicated. Moreover, they agree 
to put the stamp of the Government on all mines to be planted. On 
the other hand, it does not appear to them to be feasible for the bellig- 
erents wholly to forego the use of anchored mines for offensive 
purposes. 

2. The German Government would undertake not to use their 
submarines to attack mercantile of any flag except when necessary to 
enforce the right of visit and search. Should the enemy nationality 



38 DIPLOMATIC CORRESPONDENCE BETWEEN 

of the vessel or the presence of contraband be ascertained submarine 
would proceed in accordance with the general rules of international 
law. 

3. As provided in the American note, this restriction of the use 
of the submarines is contingent on the fact that enemy mercantile 
abstain from the use of the neutral flag and other neutral distinctive 
marks. It would appear to be a matter of course that such mercantile 
also abstain from arming themselves and from all resistance by force, 
since such procedure contrary to international law would render im- 
possible any action of the submarines in accordance with international 
law. 

4. The regulation of legitimate importations of food into Germany 
suggested by the American Government appears to be in general 
acceptable. Such regulation would, of course, be confined to impor- 
tations by sea, but that would on the other hand include indirect 
importations by way of neutral ports. The German Government 
would, therefore, be willing to make the declarations of the nature 
provided in the American note so that the use of the imported food 
and foodstuffs solely by the noncombatant population would be guar- 
anteed. The Imperial Government must, however, in addition 
(* * *) x having the importation of other raw material used by the 
economic system of noncombatants including forage permitted. To 
that end the enemy Governments would have to permit the free entry 
into Germany of the raw material mentioned in the free list of the 
Declaration of London and to treat materials included in the list of 
conditional contraband according to the same principles as food and 
foodstuffs. 

The German Government venture to hope that the agreement for 
which the American Government have paved the way may be reached ( 
after due consideration of the remarks made above, and that in this 
way peaceable neutral shipping and trade will not have to suffer any 
more than is absolutely necessary from the unavoidable effects of 
maritime war. These effects could be still further reduced if, as was 
pointed out in the German note of the 16th instant, some way could 
be found -to exclude the shipping of munitions of war from neutral 
countries to belligerents on ships of any nationality. 

The German Government must, of course, reserve a definite state- 
ment of their position until such time as they may receive further 
information from the American Government enabling them to see 
what obligations the British Government are on their part willing to 
assume. 

The undersigned avails himself of this occasion, etc. 

(Signed) Von Jagow. 

Dated Foreign Office, Berlin, February 28, 1915. 

Gerard. 

1 Apparent omission. 



THE UNITED STATES AND GERMANY 39 

Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, March 2, 1915. 
Sir : With reference to my telegram No. 1719 x of the 1st instant, 
I have the honor to inclose to you herewith a copy in translation of a 
Note Verbale received from the Imperial Foreign Office, dated Febru- 
ary 28, 1915, relative to the extent of the war area proclaimed by the 
German Admiralty. I have, etc., 

James W. Gerard. 



[Inclosure — Translation.] 

NOTE VERBALE. 

With reference to its Note Verbale of the 4th instant, 2 the Foreign 
Office has the honor to inform the Embassy of the United States of 
America, in order to avoid any doubts as to the northward extent of 
the war area defined in the proclamation of the Chief of the Ad- 
miralty Staff of the same day, that the waters surrounding the Ork- 
neys and the Shetlands belong to the war area, but that navigation 
on both sides of the Faroe Isles is not endangered. 

The Foreign Office begs the Embassy of the United States of 
America to be good enough to inform its Government of the above 
by cable and to notify the Governments of Great Britain, Japan, 
and Servia accordingly. 

Berlin, February 28, 1915. 
To the Embassy of the 

United States of America. 



Ambassador W. H. Page to the Secretary of State. 

[Telegram.] 

American Embassy, 
London, March 15, 1915. 
Following is the full text of a memorandum dated March 13, which 
Grey handed me to-day: 

On the 22d of February last I received a communication from 
Your Excellency of the identic note addressed to His Majesty's Gov- 
ernment and to Germany, respecting an agreement on certain points 

1 Not printed. Substance of inclosure herewith. 

2 See pp. 24-27. 



40 DIPLOMATIC CORRESPONDENCE BETWEEN 

as to the conduct of the war at sea. The reply of the German Gov- 
ernment to this note has been published and it is not understood 
from the reply that the German Government are prepared to abandon 
the practice of sinking British merchant vessels by submarines, and 
it is evident from their reply that they will not abandon the use of 
mines for offensive purposes on the high seas as contrasted with the 
use of mines for defensive purposes only within cannon range of their 
own harbors as suggested by the Government of the United States. 
This being so, it might appear unnecessary for the British Govern- 
ment to make any further reply than to take note of the German 
answer. We desire, however, to take the opportunity of making a 
fuller statement of the whole position and of our feeling with regard 
to it. We recognize with sympathy the desire of the Government 
of the United States to see the European war conducted in accord- 
ance with the previously recognized rules of international law and 
the dictates of humanity. It is thus that the British forces have con- 
ducted the war, and we are not aware that these forces, either naval 
or military, can have laid to their charge any improper proceedings, 
either in the conduct of hostilities or in the treatment of prisoners or 
wounded. On the German side it has been very different. 

1. The treatment of civilian inhabitants in Belgium and the north 
of France has been made public by the Belgian and French Govern- 
ments and by those who have had experience of it at first hand. 
Modern history affords no precedent for the sufferings that have been 
inflicted on the defenseless and noncombatant population in the terri- 
tory that has been in German military occupation. Even the food of 
the population was confiscated until in Belgium an International 
Commission, largely influenced by American generosity and conducted 
under American auspices, came to the relief of the population and 
secured from the German Government a promise to spare what food 
was still left in the country though the Germans still continue to 
make levies in money upon the defenseless population for the sup- 
port of the German Army. 

2. We have from time to time received most terrible accounts of 
the barbarous treatment to which British officers and soldiers have 
been exposed after they have been taken prisoner while being con- 
veyed to German prison camps; one or two instances have already 
been given to the United States Government founded upon authentic 
and first-hand evidence which is beyond doubt. Some evidence has 
been received of the hardships to which British prisoners of war are 
subjected in the prison camps contrasting, we believe, most unfavor- 
ably with the treatment of German prisoners in this country. We 
have proposed, with the consent of the United States Government, 
that a commission of United States officers should be permitted in 
each country to inspect the treatment of prisoners of war. The United 
States Government have been unable to obtain any reply from the 
German Government to this proposal and we remain in continuing 
anxiety and apprehension as to the treatment of British prisoners of 
war in Germany. 



THE UNITED STATES AND GERMANY 41 

3. At the very outset of the war a German mine layer was dis- 
covered laying a mine field on the high seas. Further mine fields have 
been laid from time to time without warning and so far as we know 
are still being laid on the high seas, and many neutral as well as 
British vessels have been sunk by them. 

4. At various times during the war German submarines have 
stopped and sunk British merchant vessels, thus making the sinking 
of merchant vessels a general practice, though it was admitted previ- 
ously, if at all, only as an exception, the general rule to which the 
British Government have adhered being that merchant vessels, if 
captured, must be taken before a prize court. In one case already 
quoted in a note to the United States Government, a neutral vessel 
carrying foodstuffs to an unfortified town in Great Britain has been 
sunk. Another case is now reported in which a German armed cruiser 
has sunk an American vessel, the William P. Frye, carrying a cargo 
of wheat from Seattle to Queenstown. In both cases the cargoes were 
presumably destined for the civil population. Even the cargoes in 
such circumstances should not have been condemned without the 
decision of a prize court, much less should the vessels have been sunk. 
It is to be noted that both these cases occurred before the detention 
by the British authorities of the Wilhelmina and her cargo of food- 
stuffs which the German Government allege is the justification for 
their own action. The Germans have announced their intention of 
sinking British merchant vessels by torpedo without notice and with- 
out any provision for the safety of the crew. They have already car- 
ried out this intention in the case of neutral as well as of British 
vessels, and a number of noncombatant and innocent lives on British 
vessels, unarmed and defenseless, have been destroyed in this way. 

5. Unfortified, open, and defenseless towns, such as Scarborough, 
Yarmouth, and Whitby, have been deliberately and wantonly bom- 
barded by German ships of war, causing in some cases considerable 
loss of civilian life, including women and children. 

6. German aircraft have dropped bombs on the east coast of Eng- 
land where there were no military or strategic points to be attacked. 
On the other hand, I am aware of but two criticisms that have been 
made on British action in all these respects: (1) It is said that the 
British naval authorities also have laid some anchored mines on the 
high seas. They have done so, but the mines were anchored and so 
constructed that they would be harmless if they went adrift, and no 
mines whatever were laid by the British naval authorities till many 
weeks after the Germans had made a regular practice of laying mines 
on the high seas. (2) It is said that the British Government have 
departed from the view of international law which they had previ- 
ously maintained that foodstuffs destined for the civil population 
should never be interfered with, this charge being founded on the 
submission to a prize court of the cargo of the Wilhelmina. The spe- 
cial considerations affecting this cargo have already been presented 
in a memorandum to the United States Government, and I need not 
repeat them here. Inasmuch as the stoppage of all foodstuffs is an 



42 DIPLOMATIC CORRESPONDENCE BETWEEN 

admitted consequence of blockade, it is obvious that there can be no 
universal rule based on considerations of morality and humanity 
which is contrary to this practice. The right to stop foodstuffs des- 
tined for the civil population must therefore in any case be admitted 
if an effective "cordon" controlling intercourse with the enemy is 
drawn, announced, and maintained. Moreover, independently of 
rights arising from belligerent action in the nature of blockade, some 
other nations, differing from the opinion of the Governments of the 
United States and Great Britain, have held that to stop the food of 
the civil population is a natural and legitimate method of bringing 
pressure to bear on an enemy country, as it is upon the defense of a 
besieged town. It is also upheld on the authority of both Prince 
Bismarck and Count Caprivi, and therefore presumably is not repug- 
nant to German morality. The following are the quotations from 
Prince Bismarck and Count Caprivi on this point. Prince Bismarck, 
in answering, in 1885, an application from the Kiel Chamber of Com- 
merce for a statement of the view of the German Government on the 
question of the right to declare as contraband foodstuffs that were 
not intended for military forces said: "I reply to the chamber of 
commerce that any disadvantage our commercial and carrying inter- 
ests may suffer by the treatment of rice as contraband of war does 
not justify our opposing a measure which it has been thought fit to 
take in carrying on a foreign war. Every war is a calamity which 
entails evil consequences, not only on the combatants but also on 
neutrals. These evils may easily be increased by the interference of 
a neutral power with the way in which a third carries on the war 
to the disadvantage of the subjects of the interfering power, and by 
this means German commerce might be weighted with far heavier 
losses than a transitory prohibition of the rice trade in Chinese waters. 
The measure in question has for its object the shortening of the war 
by increasing the difficulties of the enemy, and is a justifiable step 
in war if impartially enforced against all neutral ships." Count 
Caprivi, during a discussion in the German Reichstag on the 4th of 
March, 1892, on the subject of the importance of international pro- 
tection for private property at sea, made the following statements: 
"A country may be dependent for her food or for her raw products 
upon her trade. In fact, it may be absolutely necessary to destroy 
the enemy's trade." * * * "The private introduction of provisions 
into Paris was prohibited during the siege, and in the same way a 
nation would be justified in preventing the import of food and raw 
produce." The Government of Great Britain have frankly declared, 
in concert with the Government of France, their intention to meet 
the German attempt to stop all supplies of every kind from leaving 
or entering British or French ports by themselves stopping supplies 
going to or from Germany for this end. The British fleet has insti- 
tuted a blockade, effectively controlling by cruiser "cordon" all pas- 
sage to and from Germany by sea. The difference between the two 
policies is, however, that while our object is the same as that of Ger- 
many, we propose to attain it without sacrificing neutral ships or 
noncombatant lives or inflicting upon neutrals the damage that must 



THE UNITED STATES AND GERMANY 43 

be entailed when a vessel and its cargo are sunk without notice, 
examination, or trial. I must emphasize again that this measure is 
a natural and necessary consequence of the unprecedented methods, 
repugnant to all law and morality, which have been described above, 
which Germany began to adopt at the very outset of the war, and 
the effects of which have been constantly accumulating. 

Page. 



Ambassador Gerard to the Secretary of State. 

[Telegram — Paraphrase.] 

American Embassy, 
Berlin, May 9, 1915. 
Ambassador Gerard transmits to the Department the following 
statement, which he says was received at 5.30 to-day from the Ger- 
man Foreign Office, relative to attacks made by mistake on neutral 
vessels of commerce by German submarines: 

First. Imperial German Government has naturally no intention 
of causing to be attacked by submarines or air craft such neutral 
ships of commerce in the zone of naval warfare, more definitely 
described in the notice of the German Admiralty staff of February 4 
last, as have been guilty of no hostile act ; on the contrary, the most 
definite instructions have repeatedly been issued to German war 
vessels to avoid attacks on such ships under all circumstances. Even 
when such ships have contraband of war on board, they are dealt 
with by submarines solely according to the rules of international law 
applying to prize warfare. 

Two. Should a neutral ship, nevertheless, come to harm through 
German submarines or air craft on account of an unfortunate 
(* * *) 1 in the above-mentioned zone of naval warfare, the Ger- 
man Government will unreservedly recognize its responsibility 
therefor. In such a case it will express its regrets and afford dam- 
ages without first instituting a prize court action. 

Three. It is the custom of the German Government as soon as the 
sinking of a neutral ship in the above-mentioned zone of naval war- 
fare is ascribed to German war vessels to institute an immediate 
investigation into the cause. If grounds appear thereby to be given 
for assuming such a hypothesis, the German Navy places itself in 
communication with the interested neutral government, so that the 
latter may also institute an investigation. If the German Govern- 
ment is thereby convinced that the ship has been destroyed by Ger- 
man war vessels, it will not delay in carrying out the provisions of 
paragraph two above. In case the German Government, contrary 
to the viewpoint of the neutral government, is not convinced by the 

1 Apparent omission. 



44 DIPLOMATIC CORRESPONDENCE BETWEEN 

result of the investigation, the German Government has already on 
several occasions declared itself ready to allow the question to be 
decided by an international investigation commission according to 
chapter three of The Hague Convention of October 18, 1907, for the 
peaceful solution of international disputes. 

Gerard. 



The Secretary of State to Ambassador Gerard. 

Department of State, 
Washington, May 13, 1915. 

Please call on the Minister of Foreign Affairs and after reading 
to him this communication leave with him a copy. 

In view of recent acts of the German authorities in violation of 
American rights on the high seas which culminated in the torpedoing 
and sinking of the British steamship Lusitania on May 7, 1915, by 
which over 100 American citizens lost their lives, it is clearly wise 
and desirable that the Government of the United States and the 
Imperial German Government should come to a clear and full under- 
standing as to the grave situation which has resulted. 

The sinking of the British passenger steamer Falaba by a Ger- 
man submarine on March 28, through which Leon C. Thrasher, an 
American citizen, was drowned ; the attack on April 28 on the Ameri- 
can vessel Cushing by a German aeroplane ; the torpedoing on May 1 
of the American vessel Gulflight by a German submarine, as a result 
of which two or more American citizens met their death ; and, finally, 
the torpedoing and sinking of the steamship Lusitania, constitute a 
series of events which the Government of the United States has 
observed with growing concern, distress, and amazement. 

Recalling the humane and enlightened attitude hitherto assumed 
by the Imperial German Government in matters of international 
right, and particularly with regard to the freedom of the seas ; having 
learned to recognize the German views and the German influence in 
the field of international obligation as always engaged upon the side 
of justice and humanity; and having understood the instructions of 
the Imperial German Government to its naval commanders to be 
upon the same plane of humane action prescribed by the naval codes 
of other nations, the Government of the United States was loath to 
believe — it cannot now bring itself to believe — that these acts, so 
absolutely contrary to the rules, the practices, and the spirit of 
modern warfare, could have the countenance or sanction of that great 



THE UNITED STATES AND GERMANY 45 

Government. It feels it to be its duty, therefore, to address the 
Imperial German Government concerning them with the utmost 
frankness and in the earnest hope that it is not mistaken in expecting 
action on the part of the Imperial German Government which will 
correct the unfortunate impressions which have been created and vin- 
dicate once more the position of that Government with regard to the 
sacred freedom of the seas. 

The Government of the United States has been apprised that the 
Imperial German Government considered themselves to be obliged by 
the extraordinary circumstances of the present war and the measures 
adopted by their adversaries in seeking to cut Germany off from all 
commerce, to adopt methods of retaliation which go much beyond the 
ordinary methods of warfare at sea, in the proclamation of a war zone 
from which they have warned neutral ships to keep away. This Gov- 
ernment has already taken occasion to inform the Imperial German 
Government that it cannot admit the adoption of such measures or 
such a warning of danger to operate as in any degree an abbrevia- 
tion of the rights of American shipmasters or of American citizens 
bound on lawful errands as passengers on merchant ships of belliger- 
ent nationality ; and that it must hold the Imperial German Govern- 
ment to a strict accountability for any infringement of those rights, 
intentional or incidental. It does not understand the Imperial Ger- 
man Government to question those rights. It assumes, on the con- 
trary, that the Imperial Government accept, as of course, the rule 
that the lives of noncombatants, whether they be of neutral citizen- 
ship or citizens of one of the nations at war, cannot lawfully or 
rightfully be put in jeopardy by the capture or destruction of an 
unarmed merchantman, and recognize also, as all other nations do, 
the obligation to take the usual precaution of visit and search to 
ascertain whether a suspected merchantman is in fact of belligerent 
nationality or is in fact carrying contraband of war under a neutral 
flag. 

The Government of the United States, therefore, desires to call 
the attention of the Imperial German Government with the utmost 
earnestness to the fact that the objection to their present method of 
attack against the trade of their enemies lies in the practical impossi- 
bility of employing submarines in the destruction of commerce with- 
out disregarding those rules of fairness, reason, justice, and humanity 
which all modern opinion regards as imperative. It is practically 
impossible for the officers of a submarine to visit a merchantman at 
sea and examine her papers and cargo. It is practically impossible 



46 DIPLOMATIC CORRESPONDENCE BETWEEN 

for them to make a prize of her ; and, if they cannot put a prize crew 
on board of her, they cannot sink her without leaving her crew and 
ail on board of her to the mercy of the sea in her small boats. These 
facts it is understood the Imperial German Government frankly admit. 
We are informed that in the instances of which we have spoken time 
enough for even that poor measure of safety was not given, and in 
at least two of the cases cited not so much as a warning was received. 
Manifestly submarines cannot be used against merchantmen, as the 
last few weeks have shown, without an inevitable violation of many 
sacred principles of justice and humanity. 

American citizens act within their indisputable rights in taking 
their ships and in traveling wherever their legitimate business calls 
them upon the high seas, and exercise those rights in what should 
be the well- justified confidence that their lives will not be endangered 
by acts done in clear violation of universally acknowledged inter- 
national obligations, and certainly in the confidence that their own 
Government will sustain them in the exercise of their rights. 

There was recently published in the newspapers of the United 
States, I regret to inform the Imperial German Government, a formal 
warning, purporting to come from the Imperial German Embassy 
at Washington, addressed to the people of the United States, and 
stating, in effect, that any citizen of the United States who exercised 
his right of free travel upon the seas would do so at his peril if his 
journey should take him within the zone of waters within which the 
Imperial German Navy was using submarines against the commerce 
of Great Britain and France, notwithstanding the respectful but 
very earnest protest of his Government, the Government of the United 
States. I do not refer to this for the purpose of calling the atten- 
tion of the Imperial German Government at this time to the sur- 
prising irregularity of a communication from the Imperial German 
Embassy at Washington addressed to the people of the United States 
through the newspapers, but only for the purpose of pointing out 
that no warning that an unlawful and inhumane act will be com- 
mitted can possibly be accepted as an excuse or palliation for that 
act or as an abatement of the responsibility for its commission. 

Long acquainted as this Government has been with the character 
of the Imperial German Government and with the high principles of 
equity by which they have in the past been actuated and guided, the 
Government of the United States cannot believe that the commanders 
of the vessels which committed these acts of lawlessness did so except 
under a misapprehension of the orders issued by the Imperial Ger- 



THE UNITED STATES AND GERMANY 47 

man naval authorities. It takes it for granted that, at least within 
the practical possibilities of every such case, the commanders even 
of submarines were expected to do nothing that would involve the 
lives of noncombatants or the safety of neutral ships, even at the 
cost of failing of their object of capture or destruction. It confidently 
expects, therefore, that the Imperial German Government will dis- 
avow the acts of which the Government of the United States com- 
plains, that they will make reparation so far as reparation is possible 
for injuries which are without measure, and that they will take imme- 
diate steps to prevent the recurrence of anything so obviously sub- 
versive of the principles of warfare for which the Imperial German 
Government have in the past so wisely and so firmly contended. 

The Government and people of the United States look to the Im- 
perial German Government for just, prompt, and enlightened action 
in this vital matter with the greater confidence because the United 
States and Germany are bound together not only by special ties of 
friendship but also by the explicit stipulations of the treaty of 1828 
between the United States and the Kingdom of Prussia. 

Expressions of regret and offers of reparation in case of the de- 
struction of neutral ships sunk by mistake, while they may satisfy 
international obligations, if no loss of life results, cannot justify or 
excuse a practice, the natural and necessary effect of which is to sub- 
ject neutral nations and neutral persons to new and immeasurable 
risks. 

The Imperial German Government will not expect the Govern- 
ment of the United States to omit any word or any act necessary 
to the performance of its sacred duty of maintaining the rights of the 
United States and its citizens and of safeguarding their free exer- 
cise and enjoyment. 

Bryan. 



The German Minister for Foreign Affairs to Ambassador Gerard. 

[Translation.] 

Berlin, May 28, 1915. 

The undersigned has the honor to make the following reply to the 
note of His Excellency, Mr. James W. Gerard, Ambassador of the 
United States of America, dated the 15th instant, on the subject 
of the impairment of many American interests by the German sub- 
marine war. 

The Imperial Government has subjected the statements of the 



48 DIPLOMATIC CORRESPONDENCE BETWEEN 

Government of the United States to a careful examination and has 
the lively wish on its part also to contribute in a convincing and 
friendly manner to clear up any misunderstandings which may have 
entered into the relations of the two Governments through the events 
mentioned by the American Government. 

With regard firstly to the eases of the American steamers Cusliing 
and GulfligJit, the American Embassy has already been informed that 
it is far from the German Government to have any intention of 
ordering attacks by submarines or flyers on neutral vessels in the 
zone which have not been guilty of any hostile act; on the contrary 
the most explicit instructions have been repeatedly given the Ger- 
man armed forces to avoid attacking such vessels. If neutral vessels 
have come to grief through the German submarine war during the 
past few months by mistake, it is a question of isolated and excep- 
tional cases which are traceable to the misuse of flags by the British 
Government in connection with carelessness or suspicious actions on 
the part of the captains of the vessels. In all cases where a neutral 
vessel through no fault of its own has come to grief through the 
German submarine or flyers according to the facts as ascertained by 
the German Government, this Government has expressed its regret 
at the unfortunate occurrence and promised indemnification where 
the facts justified it. The German Government will treat the cases 
of the American steamers CusJiing and Gulflight according to the 
same principles. An investigation of these cases is in progress. Its 
results will be communicated to the Embassy shortly. The investi- 
gation might, if thought desirable, be supplemented by an Inter- 
national Commission of Inquiry, pursuant to Title Three of The 
Hague Convention of October 18, 1907, for the pacific settlement of 
international disputes. 

In the case of the sinking of the English steamer Falaba, the 
commander of the German submarine had the intention of allowing 
passengers and crew ample opportunity to save themselves. 

It was not until the captain disregarded the order to lay to and 
took to flight, sending up rocket signals for help, that the German 
commander ordered the crew and passengers by signals and mega- 
phone to leave the ship within ten minutes. As a matter of fact he 
allowed them twenty-three minutes and did not fire the torpedo until 
suspicious steamers were hurrying to the aid of the Falaba. 

With regard to the loss of life when the British passenger steamer 
Lusitania was sunk, the German Government has already expressed 
its deep regret to the neutral Governments concerned that nationals 
of those countries lost their lives on that occasion. The Imperial 
Government must state for the rest the impression that certain im- 
portant facts most directly connected with the sinking of the Lusi- 
tania may have escaped the attention of the Government of the 
United States. It therefore considers it necessary in the interest of 
the clear and full understanding aimed at by either Government 
primarily to convince itself that the reports of the facts which are 
before the two Governments are complete and in agreement. 



THE UNITED STATES AND GERMANY 49 

The Government of the United States proceeds on the assumption 
that the Lusitania is to be considered as an ordinary unarmed mer- 
chant vessel. The Imperial Government begs in this connection to 
point out that the Lusitania was one of the largest and fastest English 
commerce steamers, constructed with Government funds as auxiliary- 
cruisers, and is expressly included in the navy list published by 
British Admiralty. It is moreover known to the Imperial Govern- 
ment from reliable information furnished by its officials and neutral 
passengers that for some time practically all the more valuable Eng- 
lish merchant vessels have been provided with guns, ammunition, and 
other weapons, and reinforced with a crew specially practiced in 
manning guns. According to reports at hand here, the Lusitania 
when she left New York undoubtedly had guns on board which were 
mounted under decks and masked. 

The Imperial Government furthermore has the honor to direct 
the particular attention of the American Government to the fact 
that the British Admiralty by a secret instruction of February of 
this year advised the British merchant marine not only to seek pro- 
tection behind neutral flags and markings, but even when so disguised 
to attack German submarines by ramming them. High rewards have 
been offered by the British Government as a special incentive for 
the destruction of the submarines by merchant vessels, and such 
rewards have already been paid out. In view of these facts, which 
are satisfactorily known to it, the Imperial Government is unable to 
consider English merchant vessels any longer as "undefended terri- 
tory" in the zone of maritime war designated by the Admiralty Staff 
of the Imperial German Navy, the German commanders are conse- 
quently no longer in a position to observe the rules of capture other- 
wise usual and with which they invariably complied before this. 
Lastly, the Imperial Government must specially point out that on 
her last trip the Lusitania, as on earlier occasions, had Canadian 
troops and munitions on board, including no less than 5,400 cases of 
ammunition destined for the destruction of brave German soldiers 
who are fulfilling with self-sacrifice and devotion their duty in the 
service of the Fatherland. The German Government believes that it 
acts in just self-defense when it seeks to protect the lives of its sol- 
diers by destroying ammunition destined for the enemy with the 
means of war at its command. The English steamship company must 
have been aware of the dangers to which passengers on board the 
Lusitania were exposed under the circumstances. In taking them on 
board in spite of this the company quite deliberately tried to use the 
lives of American citizens as protection for the ammunition carried, 
and violated the clear provisions of American laws which expressly 
prohibit, and provide punishment for, the carrying of passengers on 
ships which have explosives on board. The company thereby wan- 
tonly caused the death of so many passengers. According to the 
express report of the submarine commander concerned, which is 
further confirmed by all other reports, there can be no doubt that 
the rapid sinking of the Lusitania was primarily due to the explosion 



50 DIPLOMATIC CORRESPONDENCE BETWEEN 

of the cargo of ammunition caused by the torpedo. Otherwise, in all 
human probability, the passengers of the Lusitania would have been 
saved. 

The Imperial Government holds the facts recited above to be of 
sufficient importance to recommend them to a careful examination by 
the American Government. The Imperial Government begs to reserve 
a final statement of its position with regard to the demands made in 
connection with the sinking of the Lusitania until a reply is received 
from the American Government, and believes that it should recall 
here that it took note with satisfaction of the proposals of good offices 
submitted by the American Government in Berlin and London with 
a view to paving the way for a modus vivendi for the conduct of 
maritime war between Germany and Great Britain. The Imperial 
Government furnished at that time ample evidence of its good will 
by its willingness to consider these proposals. The realization of these 
proposals failed, as is known, on account of their rejection by the 
Government of Great Britain. 

The undersigned requests His Excellency, the Ambassador, to 
bring the above to the knowledge of the American Government and 
avails himself of the opportunity to renew, etc. 

Von Jagow. 



The German Minister for Foreign Affairs to Ambassador Gerard. 

[Translation.] 

Berlin, June 1, 1915. 

With reference to the note of May 28, the undersigned has the 
honor to inform His Excellency, the Ambassador of the United States 
of America, Mr. James W. Gerard, that the examination undertaken 
on the part of the German Government concerning the cases of the 
American steamers Gulfliglit and Cusliing has led to the following 
conclusions : 

In regard to the attack on the steamer Gulflight, the commander 
of a German submarine saw on the afternoon of May 1, in the vicinity 
of the Scilly Islands, a large merchant steamer coming toward him, 
which was accompanied by two small vessels. These later took up 
such a position in relation to the steamer that they formed a regu- 
lation safeguard against submarines; one of them, moreover, had a 
wireless apparatus, which is not as a rule usual with small vessels. 
From this it was evidently a case of English convoy vessels. Since 
such vessels are regularly armed, the submarine could not approach 
the steamer on the surface of the water without running the danger 
of destruction. On the other hand, it was to be assumed that the 
steamer was of considerable value to the British Government since 
it was so particularly guarded. The commander could see no neutral 
markings on it of any kind — that is, distinctive marks painted on 



THE UNITED STATES AND GERMANY 51 

the freeboard, recognizable at a distance, such as are now usual on 
neutral ships in the English zone of naval warfare. In consequence, 
he arrived at the conclusion from all the circumstances that he had 
to deal with an English steamer and attacked submerged. The tor- 
pedo came in the immediate neighborhood of one of the convoy ships, 
which at once rapidly approached the point of firing, so that the 
submarine was forced to go to a great depth to avoid being rammed; 
the conclusion of the commander that an English convoy ship was 
concerned was in this way confirmed. That the attacked steamer 
carried the American flag was first observed at the moment of firing 
the shot. The fact that the steamship was pursuing a course which 
led neither to nor from America was a further reason why it did not 
occur to the commander of the submarine that he had to deal with an 
American steamship. 

Upon scrutiny of the time and place of the occurrence described, 
the German Government has become convinced that the attacked 
steamship was actually the American steamship Gulflight. Accord- 
ing to the attendant circumstances there can be no doubt that the 
attack is not to be attributed to the fault of the commander, but to 
an unfortunate accident. The German Government expresses its 
regrets to the Government of the United States concerning this inci- 
dent and declares itself ready to furnish full recompense for the 
damage thereby sustained by American citizens. It begs to leave it 
to the discretion of the American Government to present a statement 
of this damage, or, if doubts may arise over individual points, to 
designate an expert, who would have to determine, together with a 
German expert, the amount of the damage. 

It has not yet been possible by means of an inquiry fully to clear 
up the case of the American steamship Cusliing. According to the 
official reports available, only one merchant steamship was attacked 
by a German flying machine in the vicinity of Nordhind Lightship. 
The German aviator considered the vessel as hostile, and was forced 
to consider it as such because it carried no flag and also because of 
no further recognizable neutral markings. The attack, which was 
carried into effect by means of four bombs, was of course not aimed 
at any American ship. 

That, however, the ship attacked was the American steamer Cash- 
ing is not impossible, considering the time and place of the occurrence; 
nevertheless the German Government accordingly requests the Ameri- 
can Government to communicate to it the material which has been 
submitted for judgment, in order that, with this as a basis, it can take 
a further position in regard to the matter. 

While the undersigned leaves it to the Ambassador to bring the 
foregoing to the immediate attention of his Government, he takes this 
opportunity, etc. 

Von Jagow. 



52 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Secretary of State to Ambassador Gerard. 

[ Telegram — Paraphrase. ] 

Department of State, 
Washington, June 2, 1915. 
Mr. Bryan informs Mr. Gerard that evidence supplied thus far 
regarding S. S. Nebraskan, an American vessel leaving Liverpool, in- 
dicates that she was hit by torpedo May 25th, in the evening. He 
asks Mr. Gerard whether report of this attack has been received by 
German Government. 



The Secretary of State ad interim to Ambassador Gerard. 

Department of State, 
Washington, June 9, 1915. 
You are instructed to deliver textually the following note to the 
Minister of Foreign Affairs: 

In compliance with Your Excellency's request I did not fail to 
transmit to my Government immediately upon their receipt your note 
of May 28 in reply to my note of May 15, and your supplementary 
note of June 1, setting forth the conclusions so far as reached by the 
Imperial German Government concerning the attacks on the Ameri- 
can steamers Cushing and Gulflight. I am now instructed by my 
Government to communicate the following in reply: 

The Government of the United States notes with gratification the 
full recognition by the Imperial German Government, in discussing 
the cases of the Cushing and the Gulflight, of the principle of the 
freedom of all parts of the open sea to neutral ships and the frank 
willingness of the Imperial German Government to acknowledge and 
meet its liability where the fact of attack upon neutral ships "which 
have not been guilty of any hostile act" by German air craft or 
vessels of war is satisfactorily established ; and the Government of the 
United States will in due course lay before the Imperial German Gov- 
ernment, as it requests, full information concerning the attack on the 
steamer Cushing. 

With regard to the sinking of the steamer Falaba, by which an 
American citizen lost his life, the Government of the United States 
is surprised to find the Imperial German Government contending that 
an effort on the part of a merchantman to escape capture and secure 
assistance alters the obligation of the officer seeking to make the cap- 



THE UNITED STATES AND GERMANY 53 

ture in respect of the safety of the lives of those on board the mer- 
chantman, although the vessel has ceased her attempt to escape when 
torpedoed. These are not new circumstances. They have been in the 
minds of statesmen and of international jurists throughout the devel- 
opment of naval warfare, and the Government of the United States 
does not understand that they have ever been held to alter the prin- 
ciples of humanity upon which it has insisted. Nothing but actual 
forcible resistance or continued efforts to escape by flight when 
ordered to stop for the purpose of visit on the part of the merchant- 
man has ever been held to forfeit the lives of her passengers or crew. 
The Government of the United States, however, does not understand 
that the Imperial German Government is seeking in this case to relieve 
itself of liability, but only intends to set forth the circumstances which 
led the commander of the submarine to allow himself to be hurried 
into the course which he took. 

Your Excellency's note, in discussing the loss of American lives 
resulting from the sinking of the steamship Lusitania, adverts at 
some length to certain information which the Imperial German Gov- 
ernment has received with regard to the character and outfit of that 
vessel, and Your Excellency expresses the fear that this information 
may not have been brought to the attention of the Government of the 
United States. It is stated in the note that the Lusitania was un- 
doubtedly equipped with masked guns, supplied with trained gunners 
and special ammunition, transporting troops from Canada, carrying 
a cargo not permitted under the laws of the United States to a vessel 
also carrying passengers, and serving, in virtual effect, as an auxiliary 
to the naval forces of Great Britain. Fortunately, these are matters 
concerning which the Government of the United States is in a posi- 
tion to give the Imperial German Government official information. 
Of the facts alleged in Your Excellency's note, if true, the Govern- 
ment of the United States would have been bound to take official 
cognizance in performing its recognized duty as a neutral power and 
in enforcing its national laws. It was its duty to see to it that the 
Lusitania was not armed for offensive action, that she was not serv- 
ing as a transport, that she did not carry a cargo prohibited by the 
statutes of the United States, and that, if in fact she was a naval 
vessel of Great Britain, she should not receive clearance as a mer- 
chantman ; and it performed that duty and enforced its statutes with 
scrupulous vigilance through its regularly constituted officials. It is 
able, therefore, to assure the Imperial German Government that it 
has been misinformed. If the Imperial German Government should 



54 DIPLOMATIC CORRESPONDENCE BETWEEN 

deem itself to be in possession of convincing evidence that the offi- 
cials of the Government of the United States did not perform these 
duties with thoroughness, the Government of the United States sin- 
cerely hopes that it will submit that evidence for consideration. 

Whatever may be the contentions of the Imperial German Govern- 
ment regarding the carriage of contraband of war on board the 
Lusitania or regarding the explosion of that material by the torpedo, 
it need only be said that in the view of this Government these con- 
tentions are irrelevant to the question of the legality of the methods 
used by the German naval authorities in sinking the vessel. 

But the sinking of passenger ships involves principles of humanity 
which throw into the background any special circumstances of detail 
that may be thought to affect the cases, principles which lift it, as 
the Imperial German Government will no doubt be quick to recognize- 
and acknowledge, out of the class of ordinary subjects of diplomatic 
discussion or of international controversy. Whatever be the other 
facts regarding the Lusitania, the principal fact is that a great 
steamer, primarily and chiefly a conveyance for passengers, and 
carrying more than a thousand souls who had no part or lot in the 
conduct of the war, was torpedoed and sunk without so much as a 
challenge or a warning, and that men, women, and children were 
sent to their death in circumstances unparalleled in modern warfare. 
The fact that more than one hundred American citizens were among 
those who perished made it the duty of the Government of the United 
States to speak of these things and once more, with solemn emphasis, 
to call the attention of the Imperial German Government to the grave 
responsibility which the Government of the United States conceives 
that it has incurred in this tragic occurrence, and to the indisputable 
principle upon which that responsibility rests. The Government of 
the United States is contending for something much greater than mere 
rights of property or privileges of commerce. It is contending for 
nothing less high and sacred than the rights of humanity, which 
every Government honors itself in respecting and which no Govern- 
ment is justified in resigning on behalf of those under its care and 
authority. Only her actual resistance to capture or refusal to stop 
when ordered to do so for the purpose of visit could have afforded 
the commander of the submarine any justification for so much as 
putting the lives of those on board the ship in jeopardy. This prin- 
ciple the Government of the United States understands the explicit 
instructions issued on August 3, 1914, by the Imperial German Admir- 
alty to its commanders at sea to have recognized and embodied, as 



THE UNITED STATES AND GERMANY 55 

do the naval codes of all other nations, and upon it every traveler 
and seaman had a right to depend. It is upon this principle of 
humanity as well as upon the law founded upon this principle that 
the United States must stand. 

The Government of the United States is happy to observe that 
Your Excellency's note closes with the intimation that the Imperial 
German Government is willing, now as before, to accept the good 
offices of the United States in an attempt to come to an understanding 
with the Government of Great Britain by which the character and 
conditions of the war upon the sea may be changed. The Govern- 
ment of the United States would consider it a privilege thus to serve 
its friends and the world. It stands ready at any time to convey to 
either Government any intimation or suggestion the other may be 
willing to have it convey and cordially invites the Imperial German 
Government to make use of its services in this way at its convenience. 
The whole world is concerned in anything that may bring about even 
a partial accommodation of interests or in any way mitigate the 
terrors of the present distressing conflict. 

In the meantime, whatever arrangement may happily be made 
between the parties to the war, and whatever may in the opinion of 
the Imperial German Government have been the provocation or the 
circumstantial justification for the past acts of its commanders at sea, 
the Government of the United States confidently looks to see the jus- 
tice and humanity of the Government of Germany vindicated in all 
cases where Americans have been wronged or their rights as neu- 
trals invaded. 

The Government of the United States therefore very earnestly 
and very solemnly renews the representations of its note transmitted 
to the Imperial German Government on the 15th of May, and relies 
in these representations upon the principles of humanity, the uni- 
versally recognized understandings of international law, and the 
ancient friendship of the German nation. 

The Government of the United States cannot admit that the proc- 
lamation of a war zone from which neutral ships have been warned 
to keep away may be made to operate as in any degree an abbrevia- 
tion of the rights either of American shipmasters or of American 
citizens bound on lawful errands as passengers on merchant ships 
of belligerent nationality. It does not understand the Imperial Ger- 
man Government to question those rights. It understands it, also, 
to accept as established beyond question the principle that the lives 
of noncombatacts cannot lawfully or rightfully be put in jeopardy 



56 DIPLOMATIC CORRESPONDENCE BETWEEN 

by the capture or destruction of an unresisting merchantman, and 
to recognize the obligation to take sufficient precaution to ascertain 
whether a suspected merchantman is in fact of belligerent nationality 
or is in fact carrying contraband of war under a neutral flag. The 
Government of the United States therefore deems it reasonable to 
expect that the Imperial German Government will adopt the meas- 
ures necessary to put these principles into practice in respect of the 
safeguarding of American lives and American ships, and asks for 
assurances that this will be done. 

Robert Lansing, 
Secretary of State ad Interim, 



The German Minister for Foreign Affairs to Ambassador Gerard. 

Foreign Office, 
Berlin, July 8, 1915. 

The undersigned has the honor to make the following reply to the 
note of His Excellency, Mr. James W. Gerard, Ambassador of the 
United States of America, dated the 10th ultimo, Foreign Office No. 
3814, on the subject of the impairment of American interests by the 
German submarine war: 

The Imperial Government has learned with satisfaction from the 
note how earnestly the Government of the United States is concerned 
in seeing the principles of humanity realized in the present war. 
Also, this appeal meets with full sympathy in Germany, and the 
Imperial Government is quite willing to permit its statements and 
decisions in the case under consideration to be governed by the prin- 
ciples of humanity just as it has done always. 

The Imperial Government welcomed it with gratitude when the 
American Government in its note of May 15, 1915, itself recalled that 
Germany had always permitted itself to be governed by the prin- 
ciples of progress and humanity in dealing with the law of maritime 
war. Since the time when Frederick the Great negotiated with 
John Adams, Benjamin Franklin, and Thomas Jefferson the treaty 
of friendship and commerce of September 10, 1785, between Prussia 
and the Republic of the West, German and American statesmen have 
in fact always stood together in the struggle for the freedom of the 
seas and for the protection of peaceable trade. In the international 
proceedings which have since been conducted for the regulation of 
the right of maritime war Germany and America have jointly advo- 



THE UNITED STATES AND GERMANY 57 

cated progressive principles, especially the abolishment of the right 
of capture at sea and the protection of the interests of neutrals. Even 
at the beginning of the present war the German Government imme- 
diately declared its willingness, in response to the proposal of the 
American Government, to ratify the Declaration of London and 
thereby to subject itself, in the use of its naval forces, to all the 
restrictions provided therein in favor of neutrals. Germany has 
likewise been always tenacious of the principle that war should be 
conducted against the armed and organized forces of the enemy 
country, but tnat the civilian population of the enemy must be spared 
as far as possible from the measures of war. The Imperial Govern- 
ment cherishes the definite hope that some way will be found when 
peace is concluded, or perhaps earlier, to regulate the law of mari- 
time war in a manner guaranteeing the freedom of the seas, and will 
welcome it with gratitude and satisfaction if it can work hand in 
hand with the American Government on that occasion. 

If in the present war the principles which should be the ideal 
of the future have been traversed more and more the longer its dura- 
tion, the German Government has no guilt therein. 

It is known to the American Government how Germany's adver- 
saries, by completely paralyzing peaceable traffic between Germany 
and the neutral countries, have aimed from the very beginning, and 
with increasing lack of consideration, at the destruction not so much 
of the armed forces as the life of the German nation, repudiating 
in so doing all the rules of international law and disregarding all 
the rights of neutrals. On November 3, 1914, England declared the 
North Sea to be a war area, and by planting poorly anchored mines 
and the stoppage and capture of vessels made passage extremely 
dangerous and difficult for neutral shipping, so that it is actually 
blockading neutral coasts and ports, contrary to all international 
law. Long before the beginning of the submarine war England prac- 
tically completely intercepted legitimate neutral navigation to Ger- 
many also. Thus Germany was driven to submarine war on trade. 
On November 16, 1914, the English Prime Minister declared in the 
House of Commons that it was one of England's principal tasks to 
prevent food for the German population from reaching Germany 
by way of neutral ports. Since March 1 of this year England has 
been taking from neutral ships, without further formality, all mer- 
chandise proceeding to Germany, as well as all merchandise coming 
from Germany, even when neutral property. Just as was the case 
with the Boers, the German people is now to be given the choice of 



58 DIPLOMATIC CORRESPONDENCE BETWEEN 

perishing from starvation, with its women and children, or of relin- 
quishing its independence. 

While our enemies thus loudly and openly have proclaimed war 
without mercy until our utter destruction, we are conducting war in 
self-defense for our national existence and for the sake of peace of 
-assured permanency. We have been obliged to adopt submarine war- 
fare to meet the declared intentions of our enemies and the method 
of warfare adopted by them in contravention of international law. 

With all its efforts in principle to protect neutral life and prop- 
erty from damage as much as possible, the German Government 
recognized unreservedly in its memorandum of February 4 that the 
interests of neutrals might suffer from submarine warfare. However, 
the American Government will also understand and appreciate that 
in the fight for existence which has been forced upon Germany by its 
adversaries and announced by them, it is the sacred duty of the 
Imperial Government to do all within its power to protect and to 
save the lives of German subjects. If the Imperial Government were 
derelict in these, its duties, it would be guilty before God and history 
of the violation of those principles of the highest humanity which 
are the foundation of every national existence. 

The case of the Lusitania shows with horrible clearness to what 
jeopardizing of human lives the manner of conducting war employed 
by our adversaries leads. In most direct contradiction of inter- 
national law, all distinctions between merchantmen and war vessels 
have been obliterated by the order to British merchantmen to arm 
themselves and to ram submarines and the promise of rewards there- 
for; and neutrals who use merchantmen as travelers have thereby 
been exposed in an increasing degree to all the dangers of war. 
If the commander of the German submarine which destroyed the 
Lusitania had caused the crew and travelers to put out in boats 
before firing the torpedo this would have meant the sure destruction 
of his own vessel. After the experiences in the sinking of much 
smaller and less seaworthy vessels, it was to be expected that a mighty 
ship like the Lusitania would remain above water long enough, even 
after the torpedoing, to permit the passengers to enter the ship's 
boats. Circumstances of a very peculiar kind, especially the presence 
on board of large quantities of highly explosive materials, defeated 
this expectation. In addition, it may be pointed out that if the 
Lusitania had been spared thousands of cases of ammunition would 
have been sent to Germany's enemies and thereby thousands of Ger- 
man mothers and children robbed of their supporters. 



THE UNITED STATES AND GERMANY 59 

In the spirit of friendship with which the German nation has been 
imbued toward the Union and its inhabitants since the earliest days 
of its existence, the Imperial Government will always be ready to 
do all it can, during the present war also, to prevent the jeopardizing 
of the lives of American citizens. 

The Imperial Government therefore repeats the assurances that 
American ships will not be hindered in the prosecution of legitimate 
shipping, and the lives of American citizens on neutral vessels shall 
not be placed in jeopardy. 

In order to exclude any unforeseen dangers to American passenger 
steamers, made possible in view of the conduct of maritime war on 
the part of Germany's adversaries, the German submarines will be 
instructed to permit the free and safe passage of such passenger 
steamers when made recognizable by special markings and notified a 
reasonable time in advance. The Imperial Government, however, 
confidently hopes that the American Government will assume the 
guarantee that these vessels have no contraband on board. The 
details of the arrangements for the unhampered passage of these 
vessels would have to be agreed upon by the naval authorities of 
both sides. 

In order to furnish adequate facilities for travel across the Atlantic 
Ocean for American citizens, the German Government submits for 
consideration a proposal to increase the number of available steamers 
by installing in the passenger service a reasonable number of neutral 
steamers, the exact number to be agreed upon, under the American 
flag under the same conditions as the American steamers above 
mentioned. 

The Imperial Government believes that it can assume that in this 
manner adequate facilities for travel across the Atlantic Ocean can be 
afforded American citizens. There would therefore appear to be no 
compelling necessity for American citizens to travel to Europe in 
time of war on ships carrying an enemy flag. In particular the 
Imperial Government is unable to admit that American citizens can 
protect an enemy ship through the mere fact of their presence on 
board. Germany merely followed England's example when it de- 
clared part of the high seas an area of war. Consequently accidents 
suffered by neutrals on enemy ships in this area of war cannot well 
be judged differently from accidents to which neutrals are at all 
times exposed at the seat of war on land when they betake them- 
selves into dangerous localities in spite of previous warning. 

If, however, it should not be possible for the American Govern- 



60 DIPLOMATIC CORRESPONDENCE BETWEEN 

ment to acquire an adequate number of neutral passenger steamers, 
the Imperial Government is prepared to interpose no objections to 
the placing under the American flag by the American Government 
of four enemy passenger steamers for the passenger traffic between 
America and England. The assurances of "free and safe" passage 
for American passenger steamers would then be extended to apply 
under the identical pre-conditions to these formerly hostile passenger 
ships. 

The President of the United States has declared his readiness, in 
a way deserving of thanks, to communicate and suggest proposals to 
the Government of Great Britain with particular reference to the 
alteration of maritime war. The Imperial Government will always 
be glad to make use of the good offices of the President, and hopes 
that his efforts in the present case, as well as in the direction of the 
lofty ideal of the freedom of the seas, will lead to an understanding. 

The undersigned requests the Ambassador to bring the above to 
the knowledge of the American Government, and avails himself of 
the opportunity to renew to His Excellency the assurance of his most 
distinguished consideration. Von Jagow. 



Ambassador Gerard to the Secretary of State. 

[Telegram — Paraphrase. ] 

American Embassy, 
Berlin, July 12, 1915. 
Following memorandum just received from the Foreign Office: 

Memorandum relative to the damaging of the American steamer 
Nebraskan by a German submarine : 

The German Government received from newspaper reports the 
intelligence that the American steamer Nebraskan had been damaged 
by a mine or torpedo on the southwest coast of Ireland. It therefore 
started a thorough investigation of the case without delay, and from 
the result of the investigation it has become convinced that the dam- 
age to the Nebraskan was caused by an attack by a submarine. 

On the evening of May 25 last the submarine met a steamer bound 
westward without a flag and with no neutral markings on her free- 
board about thirty-five nautical miles west of Fastnet Rock ; no appli- 
ance of any kind for the illumination of the flag or markings was to 
be seen. In the twilight, which had already set in, the name of the 
steamer was not visible from the submarine. Since the commander 
of the submarine was obliged to assume, from his wide experience 
in the area of maritime war, that only English steamers, and no 



THE UNITED STATES AND GERMANY 61 

neutral steamers, traversed this war area without flag and markings, 
he attacked the vessel with a torpedo in the conviction that he had 
an enemy vessel before him. Some time after the shot the com- 
mander saw that the vessel had in the meantime hoisted the Ameri- 
can flag. As a consequence he of course refrained from any further 
attack. Since the vessel remained afloat he had no occasion to con- 
cern himself further with the boats which had been launched. 

It results from this, without a doubt, that attack on the steamer 
Nebraskan was not meant for the American flag; nor is it traceable 
to any fault on the part of the commander of the German submarine, 
but is to be considered an unfortunate accident. The German Gov- 
ernment expresses its regret at the occurrence to the Government of 
the United States of America and declares its readiness to make 
compensation for the damage thereby sustained by American citizens. 

As in the case of the steamer Gulflight, the German Government 
begs to suggest that the American Government submit to it a detailed 
statement of such damage, or if doubt might arise as to certain points, 
to designate an expert to fix the amount of compensation, acting in 
conjunction with a German expert. 

Gerard. 



The Secretary of State to Ambassador Gerard. 

[Telegram.] 

Department of State, 
Washington, July 21, 1915. 
You are instructed to deliver textually the following note to the 
Minister for Foreign Affairs: 

The note of the Imperial German Government, dated the 8th of 
July, 1915, has received the careful consideration of the Government 
of the United States, and it regrets to be obliged to say that it has 
found it very unsatisfactory, because it fails to meet the real differ- 
ences between the two Governments and indicates no way in which the 
accepted principles of law and humanity may be applied in the grave 
matter in controversy, but proposes, on the contrary, arrangements 
for a partial suspension of those principles which virtually set them 
aside. 

The Government of the United States notes with satisfaction that 
the Imperial German Government recognizes without reservation the 
validity of the principles insisted on in the several communications 
which this Government has addressed to the Imperial German Gov- 
ernment with regard to its announcement of a war zone and the 
use of submarines against merchantmen on the high seas — the prin- 
ciple that the high seas are free, that the character and cargo of a 
merchantman must first be ascertained before she can lawfully be 
seized or destroyed, and that the lives of noncombatants may in no 



62 DIPLOMATIC CORRESPONDENCE BETWEEN 

case be put in jeopardy unless the vessel resists or seeks to escape 
after being summoned to submit to examination; for a belligerent 
act of retaliation is per se an act beyond the law, and the defense of 
an act as retaliatory is an admission that it is illegal. 

The Government of the United States is, however, keenly dis- 
appointed to find that the Imperial German Government regards 
itself as in large degree exempt from the obligation to observe these 
principles, even where neutral vessels are concerned, by what it 
believes the policy and practice of the Government of Great Britain 
to be in the present war with regard to neutral commerce. The Im- 
perial German Government will readily understand that the Govern- 
ment of the United States cannot discuss the policy of the Govern- 
ment of Great Britain with regard to neutral trade except with that 
Government itself, and that it must regard the conduct of other bel- 
ligerent governments as irrelevant to any discussion with the Imperial 
German Government of what this Government regards as grave and 
unjustifiable violations of the rights of American citizens by German 
naval commanders. Illegal and inhuman acts, however justifiable 
they may be thought to be against an enemy who is believed to have 
acted in contravention of law and humanity, are manifestly inde- 
fensible when they deprive neutrals of their acknowledged rights, 
particularly when they violate the right to life itself. If a belligerent 
cannot retaliate against an enemy without injuring the lives of neu- 
trals, as well as their property, humanity, as well as justice and a 
due regard for the dignity of neutral powers, should dictate that 
the practice be discontinued. If persisted in it would in such cir- 
cumstances constitute an unpardonable offense against the sovereignty 
of the neutral nation affected. The Government of the United States 
is not unmindful of the extraordinary conditions created by this 
war or of the radical alterations of circumstance and method of 
attack produced by the use of instrumentalities of naval warfare 
which the nations of the world cannot have had in view when the 
existing rules of international law were formulated, and it is ready 
to make every reasonable allowance for these novel and unexpected 
aspects of war at sea; but it cannot consent to abate any essential 
or fundamental right of its people because of a mere alteration of 
circumstance. The rights of neutrals in time of war are based upon 
principle, not upon expediency, and the principles are immutable. 
It is the duty and obligation of belligerents to find a way to adapt 
the new circumstances to them. 

The events of the past two months have clearly indicated that it is 
possible and practicable to conduct such submarine operations as 
have characterized the activity of the Imperial German Navy within 
the so-called war zone in substantial accord with the accepted prac- 
tices of regulated warfare. The whole world has looked with interest 
and increasing satisfaction at the demonstration of that possibility by 
German naval commanders. It is manifestly possible, therefore, to 
lift the whole practice of submarine attack above the criticism which 
it has aroused and remove the chief causes of offense. 



THE UNITED STATES AND GERMANY 63 

In view of the admission of illegality made by the Imperial Gov- 
ernment when it pleaded the right of retaliation in defense of its acts, 
and in view of the manifest possibility of conforming to the estab- 
lished rules of naval warfare, the Government of the United States 
cannot believe that the Imperial Government will longer refrain from 
disavowing the wanton act of its naval commander in sinking the 
Lusitania or from offering reparation for the American lives lost, so 
far as reparation can be made for a needless destruction of human 
life by an illegal act. 

The Government of the United States, while not indifferent to the 
friendly spirit in which it is made, cannot accept the suggestion of 
the Imperial German Government that certain vessels be designated 
and agreed upon which shall be free on the seas now illegally pro- 
scribed. The very agreement would, by implication, subject other 
vessels to illegal attack and would be a curtailment and therefore an 
abandonment of the principles for which this Government contends 
and which in times of calmer counsels every nation would concede 
as of course. 

The Government of the United States and the Imperial German 
Government are contending for the same great object, have long 
stood together in urging the very principles, upon which the Govern- 
ment of the United States now so solemnly insists. They are both 
contending for the freedom of the seas. The Government of the 
United States will continue to contend for that freedom, from what- 
ever quarter violated, without compromise and at any cost. It invites 
the practical cooperation of the Imperial German Government at this 
time when cooperation may accomplish most and this great common 
object be most strikingly and effectively achieved. 

The Imperial German Government expresses the hope that this 
object may be in some measure accomplished even before the present 
war ends. It can be. The Government of the United States not only 
feels obliged to insist upon it, by whomsoever violated or ignored, 
in the protection of its own citizens, but is also deeply interested in 
seeing it made practicable between the belligerents themselves, and 
holds itself ready at any time to act as the common friend who may 
be privileged to suggest a way. 

In the meantime the very value which this Government sets upon 
the long and unbroken friendship between the people and Govern- 
ment of the United States and the people and Government of the 
German nation impels it to press very solemnly upon the Imperial 
German Government the necessity for a scrupulous observance of 
neutral rights in this critical matter. Friendship itself prompts it 
to say to the Imperial Government that repetition by the commanders 
of German naval vessels of acts in contravention of those rights must 
be regarded by the Government of the United States, when they 
affect American citizens, as deliberately unfriendly. 

Lansing. 



64 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Secretary of State to Ambassador Gerard. 

[Telegram — Paraphrase.] 

Department of State, 
"Washington, July 31, 1915. 
Ambassador Gerard is directed to obtain and forward to the 
Department of State a full report of facts relating to the sinking of 
the American ship Leelanaw, together with certified copies of the 
ship's papers. 



The German Ambassador to the Secretary of State. 

[Telegram.] 

New York, August 24, 1915. 
I am instructed by my Government to communicate the follow- 
ing to you: 

So far no official information about the sinking of the Arabic is 
available. The Imperial Government trusts that the Government of 
the United States will not take a definite stand after only hearing 
the reports coming from one side, which, according to the opinion 
of my Government, cannot possibly correspond with the facts, but 
will give the Imperial Government a chance to be heard equally. 
Although my Government does not doubt the good faith of the wit- 
nesses whose statements have been published by the newspapers in 
Europe my Government thinks that it should be borne in mind that 
such statements have naturally been made in great excitement which 
might easily produce a wrong impression. In case Americans should 
actually have lost their life this would naturally be contrary to the 
intention of the German Government, who would deeply regret this 
fact and has instructed me to extend its sineerest sympathy to the 
Government of the United States. 

May I ask you to be good enough to publish the above or to 
kindly let me know whether you agree to my publishing it? 

J. Bernstorpf. 



The German Ambassador to the Secretary of State. 

German Embasst, 
Washington, September 1, 1915. 
My dear Mr. Secretary: 

"With reference to our conversation of this morning I beg to 
inform you that my instructions concerning our answer to your last 
Lusitania note contain the following passage : 



THE UNITED STATES AND GERMANY 65 

Liners will not be sunk by our submarines without warning and 
without safety of the lives of noncombatants, provided that the liners 
do not try to escape or offer resistance. 

Although I know that you do not wish to discuss the Lusitania 
question till the Arabic incident has been definitely and satisfactorily 
settled, I desire to inform you of the above because this policy of 
my Government was decided on before the Arabic incident occurred. 

I have no objection to your making any use you may please of 
the above information. 

I remain, etc., J. Bernstorff. 



The German Ambassador to the Secretary of State. 

[Translation.] 

German Embassy, 
Cedarhurst, N. Y., September 4, 1915. 
Mr. Secretary of State: 

On the 25th of last month an English merchant vessel fired on a 
German submarine in the Irish Sea without any challenge of any kind. 

On the 18th of the same month a German submarine was fired 
on in Bristol Channel by an English passenger steamer that had been 
summoned to stop. 

By direction of my Government I have the honor to bring those 
cases to Your Excellency's notice in order again to lay stress on the 
point that British merchant vessels which attack German submarines 
of course expose themselves to the danger of destruction; American 
citizens who travel on such vessels do so on their own responsibility 
and incur the greatest risk. 

Accept, etc., J. Bernstorff. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, September 7, 1915. 
Foreign Office sends me the following report of the sinking of the 
Arabic, with the request that it be brought to the knowledge of the 
American Government: 

On the 19th of August a German submarine stopped the English 
steamer Dunsley about sixty nautical miles south of Kinsale and was 
on the point of sinking the prize by gun fire after the crew had left 



66 DIPLOMATIC CORRESPONDENCE BETWEEN 

the vessel. At this moment the commander saw a large steamer making 
directly toward him. This steamer, which, as developed later, was 
identical with the Arabic, was recognized as an enemy vessel, as she 
did not fly any flag and bore no neutral markings. When she 
approached she altered her original course, but then again pointed 
directly toward the submarine. From this the commander became 
convinced that the steamer had the intention of attacking and ram- 
ming him. In order to anticipate this attack he gave orders to have 
the submarine submerge and fired a torpedo at the steamer. After 
firing he convinced himself that the people on board were being 
rescued in fifteen boats. 

According to his instructions the commander was not allowed to 
attack the Arabic without warning and without saving lives unless 
the ship attempted to escape or offered resistance. He was forced 
to conclude from the attendant circumstances that the Arabic planned 
a violent attack on the submarine. This conclusion was all the more 
obvious, as he had been fired upon at a great distance in the Irish Sea 
on August 14 — that is, a few days before — by a large passenger 
steamer apparently belonging to the British Royal Mail Steam Packet 
Company, which he had neither attacked or stopped. 

The German Government most deeply regrets that lives were lost 
through the action of the commander. It particularly expresses this 
regret to the Government of the United States on account of the death 
of American citizens. The German Government is unable, however, 
to acknowledge any obligation to grant indemnity in the matter, even 
if the commander should have been mistaken as to the aggressive 
intentions of the Arabic. If it should prove to be the case that it 
is impossible for the German and the American Government to reach 
a harmonious opinion on this point, the German Government would 
be prepared to submit the difference of opinion as being a question 
of international law to The Hague tribunals, pursuant to Article 38 
of The Hague Convention for the Pacific Settlement of International 
Disputes. In so doing it assumes that as a matter of course tho 
arbitral decision shall not be admitted to have the importance of a 
general decision on the permissibility or the converse under inter- 
national law of German submarine warfare. 

Berlin, September 7, 1915. Gerard. 



THE UNITED STATES AND GERMANY 67 

Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, September 11, 1915. 
Sir : With reference to my telegram of the 10th instant, No. 2867,' 
I have the honor to transmit herewith a copy and translation of the 
note received from the Imperial Foreign Office dated September 9, 
1915, inclosing the report of the attack on the steamer Orduna by a 
German submarine. 

I have, etc., James W. Gerard. 



[ Inclosure — Translation. ] 

The German Minister for Foreign Affairs to Ambassador Gerard. 

Foreign Office, 
Berlin, September 9, 1915. 
The undersigned has the honor to transmit herewith to His Ex- 
cellency, Mr. James W. Gerard, Ambassador of the United States 
of America, in reply to the notes of July 27 and September 1, 1915, 
F. 0. 4444 l and 4959, 1 a memorandum relative to the attack by a 
German submarine on the English passenger steamer Orduna. 

The undersigned avails himself, etc., Von Jagow. 



[Subinclosure — Translation.] 
memorandum. 

At about quarter past seven on the morning of July 9 last a 
German submarine sighted a steamer from three to five miles away and 
a sailing vessel about a mile away. The steamer was proceeding 
without any flag or neutral markings and was taken for a small 
enemy steamer by the commander of the submarine on account of 
the difficulty of observation caused by the unfavorable weather. 
The commander decided first to attack the steamer submerged and 
fired a torpedo at the vessel which missed its mark. 

Hoping to catch the steamer above the water, the submarine rose 
and chased the steamer on the surface. The steamer did not stop 
when a shot of warning was fired, and therefore several shells were 
fired at her which did not strike her, as the submarine was pitching 
about and the distance was great. The submarine then proceeded 
to the sailing vessel, which was shown to be the American bark Nor- 
mandie, bound from New York to Liverpool with a cargo of lumber. 

1 Not printed. 



68 DIPLOMATIC CORRESPONDENCE BETWEEN 

'Although the cargo contained contraband, the sailing vessel was per- 
mitted to continue her voyage unhindered, as it was impossible to 
guarantee that the crew would be surely rescued in the small boats if 
the ship were sunk. 

The first attack on the Orduna by a torpedo was not in accord- 
ance with the existing instructions, which provide that large pas- 
senger steamers are only to be torpedoed after previous warning and 
after the rescuing of passengers and crew. The failure to observe 
the instructions was based on an error, which is at any rate com- 
prehensible, and the repetition of which appears to be out of the 
question, in view of the more explicit instructions issued in the mean- 
time. Moreover, the commanders of the submarines have been re- 
minded that it is their duty to exercise greater care and to observe 
carefully the orders issued. 

Berlin, September 9, 1915. 



The Secretary of State to Ambassador Gerard. 

[Telegram.] 

Department op State, 
Washington, September 14, 1915. 
You are instructed to deliver to the Foreign Office the following 
summary of the evidence x on file in the Department in regard to the 
sinking of the Arabic. 

(1) It is generally agreed that the course of the Arabic drew her 
nearer to the Dunsley from the time the Dunsley and Arabic sighted 
each other until about the time the Arabic was torpedoed. (Affidavits 
of Master, First, Second, and Third Officers, Mess Steward and Sea- 
men of Dunsley; affidavits of Captain and Second Officer of the 
Arabic; unsworn statements of three American passengers.) The 
Officers of the Dunsley agree that the Arabic altered her course some- 
what toward the Dunsley, but that her course was variable or zig- 
zag. (Affidavits of Master, First, Second, and Third Officers and 
Mess Steward and one Seaman of the Dunsley; affidavits of Captain 
and Second Officer of Arabic; affidavit of one American passenger.) 
The Third Officer stated that the Arabic began the zigzag course four 
miles away from the Dunsley. Though the Arabic at times necessarily 
pointed toward the Dunsley, at the time the torpedo struck she was 
moving away from the Dunsley. (Affidavit of Captain and Second 
Officer of Arabic, Third Officer of Dunsley, and one passenger of 
unknown nationality and unsworn statement of one American 
passenger.) 

(2) The passengers on the Arabic variously estimated that the 
Arabic approached the Dunsley to within one to five miles. (Affi- 

1 The full text of the evidence is printed in the American Journal of Inter- 
national Law, Special Supplement, October, 1916, pp. 203 et seq. 



THE UNITED STATES AND GERMANY " 69 

davits of three American passengers; unsworn statements of three 
American passengers and one passenger of unknown nationality.) 
While the Dunsley was sighted several miles away, the officers of that 
vessel estimated that the Arabic approached to one and a half to three 
miles from the Dunsley. (Affidavits of Master, First and Second 
Officers.) And one Dunsley seaman swore the first distance was 
only one half mile. The affidavits of the Captain and the Second 
Officer of the Arabic agree that the Arabic did not approach nearer 
than two miles to the Dunsley. 

(3) It appears that the submarine after shelling the Dunsley and 
after sighting the Arabic hid behind the Dunsley and submerged 
before the explosion of the torpedo which sank the Arabic. (Affidavits 
of Master, First and Second Officers, Mess Steward, and one Sea- 
man of Dunsley.) 

(4) Witnesses are in agreement that the submarine was not seen 
from the Arabic (affidavits of the Captain and Second Officer of the 
Arabic, affidavits of three American passengers and unsworn state- 
ment of passenger of unknown nationality), and that the Arabic 
could not have seen the submarine from its position behind the 
Dunsley prior to submerging. (Affidavit of Second Officer of the 
Dunsley.) 

(5) All agree that the Arabic received no warning. (Affidavit of 
six American passengers and two passengers of unknown nationality, 
and the unsworn statements of four American passengers and two 
passengers of unknown nationality, and the affidavits of Captain and 
Second Officer of the Arabic.) 

(6) The torpedo was first seen by the passengers at an estimated 
distance of 150 to 300 yards away. (Affidavit of passenger of un- 
known nationality; unsworn statements of two American passengers 
and one passenger of unknown nationality.) The Captain of the 
Arabic, however, swears that the air bubbles and the torpedo were 
only 300 feet away when he saw them. (It appears that Consul 
Washington at Liverpool, in conversation with Captain Finch and 
the Second Officer of the Arabic, learned that they saw bubbles of 
air at the time they first noticed the torpedo, which were taken to 
indicate the air escaping at the time the torpedo was expelled from 
the tube, and that therefore the submarine was supposed to have 
been only 300 feet from the Arabic and about two miles from the 
Dunsley, when the torpedo was fired. Consul Washington's three 
telegraphic reports of August 24.) 

(7) All agree that the torpedo struck the Arabic near the stern 
on the starboard side. (Affidavit of Captain, Second Officer of Duns- 
ley, and two American passengers and a passenger of unknown 
nationality, and unsworn statement of one American passenger.) 

From a diagram made by the Second Officer of the Arabic, who 
observed the approach of the torpedo from the navigating bridge, 
the course of the torpedo was almost at right angles to the course 
of the Arabic. 



70 DIPLOMATIC CORRESPONDENCE BETWEEN 

The German Ambassador to the Secretary of State. 

German Embassy, 
Washington, October 5, 1915. 

My dear Mr. Secretary: 

Prompted by the desire to reach a satisfactory agreement with 
regard to the Arabic incident my Government has given me the 
following instructions : 

The orders issued by His Majesty the Emperor to the commanders 
of the German submarines — of which I notified you on a previous 
occasion — have been made so stringent that the recurrence of inci- 
dents similar to the Arabic case is considered out of the question. 

According to the report of Commander Schneider of the submarine 
that sank the Arabic, and his affidavit as well as those of his men, 
Commander Schneider was convinced that the Arabic intended to 
ram the submarine. On the other hand, the Imperial Government 
does not doubt the good faith of the affidavits of the British officers 
of the Arabic, according to which the Arabic did not intend to ram 
the submarine. The attack of the submarine, therefore, was under- 
taken against the instructions issued to the commander. The Imperial 
Government regrets and disavows this act and has notified Com- 
mander Schneider accordingly. 

Under these circumstances my Government is prepared to pay an 
indemnity for the American lives which to its deep regret have been 
lost on the Arabic. I am authorized to negotiate with you about 
the amount of this indemnity. 

I remain, etc., J. Bernstorff. 



The Secretary of State to the German Ambassador. 

Department of State, 
Washington, October 6, 1915. 
My dear Mr. Ambassador: 

I beg to acknowledge the receipt of your note of yesterday 
informing me that orders to the commanders of the German sub- 
marines have been made so stringent that the recurrence of inci- 
dents similar to the Arabic case is considered out of the question; 
that the attack on the Arabic was undertaken against the instruc- 
tions issued to the commander of the submarine; and that the 
Imperial Government regrets and disavows this act and has noti- 



THE UNITED STATES AND GERMANY 71 

fied Commander Schneider accordingly. Furthermore, you advise 
me that your Government is prepared to pay an indemnity for the 
loss of American lives and that you are authorized to negotiate with 
me in regard to this indemnity. 

In reply I hasten to inform you that I have noted with satisfac- 
tion the above assurances of your Government, and I am now pre- 
pared to negotiate with you concerning the amount of the indemnity. 
Steps will be taken at once to come in touch with the interested per- 
sons, after which I shall be pleased to communicate with you further 
in this matter. 

I am, etc., Robert Lansing. 



Ambassador Gerard to the Secretary of State. 

[Telegram — Paraphrase.] 

American Embassy, 
Berlin, October 19, 1915. 
Ambassador Gerard reports receipt of a note from the German 
Foreign Office dated October 16, relating circumstances of destruc- 
tion of the Leelanaw and citing in justification of the German sub- 
marine's commander the Declaration of London and German prize 
ordinance. In addition, the note acknowledges applicability of treaty 
as in the case of the American vessel Frye, and states that the Lee- 
lanaw' s papers have been sent to the Hamburg Prize Court, which 
will pass upon the case. Ambassador Gerard also reports that inter- 
ested American parties are stated to be represented before the Prize 
Court. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, October 19, 1915. 
With reference to the Department's telegram No. 2022, dated 
July 31, 1915, 3 p. m., and to my telegram of even date, No. 3023, 
I have the honor to transmit herewith a translation of a note received 
to-day from the Imperial Foreign Office, dated October 16, 1915, 
relating the facts of the sinking of the American steamer Leelanaw 
by a German submarine on July 25, 1915. 

I have, etc., J. W. Gerard. 



72 DIPLOMATIC CORRESPONDENCE BETWEEN 

[Inclosure — Translation.] 

Foreign Office, 
Berlin, October 16, 1915. 

NOTE VERBALE. 

The Foreign Office has the honor to make the following reply to 
the note verbale of the Embassy of the United States of America, 
dated August 2, 1915, F. O. No. 4536, relative to the sinking of the 
American steamer Leelanaw. 

The steamer mentioned was stopped by a German submarine at 
2:10 o'clock on the afternoon of July 25, 1915, in 59 degrees 55 min- 
utes latitude north, and 4 degrees 22 minutes longitude west. Accord- 
ing to the ship 's papers, she was on a voyage from Archangel to Bel- 
fast ; the cargo consisted of flax. The commander of the submarine 
considered the cargo contraband and decided accordingly to sink the 
vessel and cargo. He saw to it that the crew of the vessel was 
safely taken ashore and took the ship's papers of the steamer Lee- 
lanaw on board the submarine. 

Under Article 21, number 22 of the German Prize Ordinance as 
amended by the Ordinance of April 18, 1915 (Reichsgesetzblatt, 
p. 227), flax is to be considered absolute contraband. The Ordinance 
of April 18, 1915, was communicated to the Embassy of the United 
States of America by note verbale of April 22, 1915 (Ilia. 8434), 
with the request that the contents be brought to the knowledge of 
the American Government. It was possible therefore for the shippers 
and captain of the steamer Leelanaw to have knowledge of the Ger- 
man contraband regulations. The goods were destined for an Eng- 
lish port ; thus the contraband was liable to seizure without further 
formality (vide Article 30 of the German Prize Ordinance; Article 31 
of the Declaration of London). According to value and bulk, the 
contraband formed more than half the whole cargo; consequently 
the vessel herself was liable to confiscation (vide Article 41, para- 
graph 2 of the German Prize Ordinance; Article 40 of the Declara- 
tion of London). Since the German commander was unable to take 
the steamer into a German port without exposing the submarine to 
danger or impairing the success of the operations in which it was 
engaged, he was justified in destroying the vessel (Article 113 of the 
German Prize Ordinance; Article 49 of the Declaration of London). 
He fulfilled his obligation of placing all persons on board and the 
ship's papers in safety (Article 116 of the German Prize Ordinance; 
Article 50 of the Declaration of London). 

The commander therefore acted in conformity with the principles 
of international law. The legality of the measures taken by him is 
examinable by German prize jurisdiction according to Article 1, 
number 2, of the German Prize Ordinance (Article 51 of the Declara- 
tion of London). The ship's papers have already been sent to the 
Prize Court at Hamburg. This Court will have to decide the ques- 
tions whether the destruction of the vessel and cargo was legal, 



THE UNITED STATES AND GERMANY 73 

whether the property sunk was liable to confiscation, and to whom 
and in what amount indemnity is to be awarded, provided any claim 
therefor is before it. It is true that in the present case, as in the 
case of the William P. Frye, the special provisions of Article 13 of 
the Prussian-American Treaty of July 11, 1799, are to be considered, 
pursuant to which property belonging to citizens of the United States 
of America may only be confiscated when its value is restored. 

It appears from information received from the Prize Court that 
the American shipping interests have already intrusted a Hamburg 
attorney with the representation of their rights before the Prize 
Court. The Foreign Office begs to reserve a note concerning the out- 
come of the prize proceedings. 



Ambassador Gerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, October 30, 1915. 
The following note has just been received 10 a. m. from Foreign 
Office: 

Ambassador Count Bernstorff has now reported about the nego- 
tiations conducted in Washington, D. C, with reference to the Arabic 
incident, and also communicated to me the text of the letter he 
addressed to the Secretary of State, Mr. Lansing. 

From the Ambassador's report I see with satisfaction that a full 
understanding has been reached between our two Governments. 

As Count Bernstorff, acting under instructions of the Imperial 
Government, has already pointed out, the commander of the sub- 
marine that sank the Arabic was convinced that the Arabic intended 
to ram his boat. I have since transmitted by mail to Count Bern- 
storff the evidence on file here — that is, a legalized copy of the report 
made by the commander of the submarine on September 2, as well 
as legalized copies of the hearing of the witnesses, conducted on Sep- 
tember 21, in the matter of the sinking of the English steamer Arabic 
by a German submarine, together with the diagram and English 
translations — and have requested him to bring this evidence to the 
knowledge of the American Government. 1 

I beg to transmit herewith also to Your Excellency copies of the 
above-mentioned documents, for I trust that Your Excellency's Gov- 
ernment will gain from them the conviction that the circumstances as 
explained in the statements of the witnesses give the commander of 
the submarine justified reasons for his above-mentioned supposition. 

The German Government, on the other hand, as Count Bernstorff 
has already informed Mr. Lansing, does not want to refuse to credit 
the affidavit of the English officers of the Arabic, according to which 
1 Not printed. 



74 DIPLOMATIC CORRESPONDENCE BETWEEN 

no submarine was seen from the Arabic. The German Government 
therefore admits that whereas the commander personally was con- 
vinced that he acted in self-defense, there was in fact no attempt 
made to ram the submarine. I may therefore repeat Count Bern- 
storff's statement that the attack of the submarine, to our regret, was 
not in accordance with their instructions issued, and that the com- 
mander has been notified accordingly. 

As it has been the intention of the Imperial Government to settle 
the incident in a friendly manner, Count Bernstorff has also been 
instructed, as you know, to declare to the American Government our 
readiness to pay, out of friendly consideration and leaving aside the 
question of the liability resulting from international law, an indem- 
nity for the loss of the American lives which the German Govern- 
ment deeply (* * *). 1 

In giving again expression to my satisfaction that Count Bern- 
storff 's negotiations with the Secretary of State, Mr. Lansing, have 
led to a settlement of the incident, I avail myself of the occasion to 
renew to Your Excellency the assurances of my highest consideration. 

(Signed) Von Jagow. 

Geraed. 



The Secretary of State to Ambassador Gerard. 

[Telegram — Paraphrase.] 

Department of State, 
Washington, November 30, 1915. 
Ambassador Gerard is directed to inform the German Foreign 
Office that the owners of the Leelanaw are not represented before the 
Prize Court and that for the same reason given by the United States 
Government for refusing to submit the question of the amount of 
indemnity to be paid in the William P. Frye case to the Prize Court, 
the United States Government desires that the question of the amount 
of indemnity to be paid in the Leelanaw case shall be adjusted by dip- 
lomatic negotiations. 



Communication from German Government delivered by German- 
Ambassador, under instructions. 

German Embassy, 
Washington (Received January 7, 1916). 
1. German submarines in the Mediterranean had, from the begin- 
ning, orders to conduct cruiser warfare against enemy merchant ves- 
sels only in accordance with general principles of international law, 

1 Apparent omission. 



THE UNITED STATES AND GERMANY 75 

and in particular measures of reprisal, as applied in the war zone 
around the British Isles, were to be excluded. . 

2. German submarines are therefore permitted to destroy enemy- 
merchant vessels in the Mediterranean — i.e., passenger as well as 
freight ships as far as they do not try to escape or offer resistance — 
only after passengers and crews have been accorded safety. 

3. All cases of destruction of enemy merchant ships in the Medi- 
terranean in which German submarines are concerned are made the 
subject of official investigation and, besides, submitted to regular 
prize court proceedings. In so far as American interests are con- 
cerned, the German Government will communicate the result to the 
American Government. Thus also in the Persia case if the circum- 
stances should call for it. 

4. If commanders of German submarines should not have obeyed 
the orders given to them they will be punished; furthermore, the 
German Government will make reparation for damage caused by 
death of or injuries to American citizens. 



Ambassador Gerard to the Secretary of State. 

[Telegram — Paraphrase.] 

American Embassy, 
Berlin, January 17, 1916. 
Mr. Gerard reports that he has been informed by German Under 
Secretary Zimmerman that all German submarines have now reported 
and that a German submarine did not cause the sinking of the Persia. 



Memorandum from the German Embassy. 1 

German Embassy, 
Washington. 

MEMORANDUM. 

The Imperial German Government, on account of the friendly 
relations which have always existed between the two great Nations 
and earnestly desiring to continue them, wishes to explain the U boat 
question once more to the American Government. 

At the outbreak of the war the German Government, acting upon 
the suggestion of the United States, immediately expressed its readi- 
ness to ratify the Declaration of London. At that time a German 
prize code had already been issued, which was entirely — and with- 

1 Received by the Secretary of State March 8, 1916. 



76 DIPLOMATIC CORRESPONDENCE BETWEEN 

out modification — based upon the rules of the Declaration of London. 
Germany thereby proved her willingness to recognize fully the exist- 
ing rules of international law which insure the freedom of the sea 
for the legitimate trade of neutral Nations, not only among them- 
selves but also with belligerent countries. 

Great Britain, on the other hand, declined to ratify the Declara- 
tion of London and, after the outbreak of the war, began to restrict 
the legitimate trade of the neutrals in order to hit Germany. The 
contraband provisions were systematically extended on August 5, 20, 
September 21, and October 29, 1914. On November 3, 1914, the 
order of the British Admiralty followed, declaring the whole North 
Sea a war zone, in which commercial shipping would be exposed to 
most serious dangers from mines and men-of-war. Protests from neu- 
trals were of no avail, and from that time on the freedom of neutral 
commerce with Germany was practically destroyed. Under these cir- 
cumstances Germany was compelled to resort, in February, 1915, to 
reprisals in order to fight her opponents' measures, which were abso- 
lutely contrary to international law. She chose for this purpose a 
new weapon, the use of which had not yet been regulated by inter- 
national law and, in doing so, could and did not violate any existing 
rules but only took into account the peculiarity of this new weapon, 
the submarine boat. 

The use of the submarine naturally necessitated a restriction of 
the free movements of neutrals and constituted a danger for them 
which Germany intended to ward off by a special warning analogous 
to the warning England had given regarding the North Sea. 

As both belligerents — Germany in her note of February 17 and 
Great Britain in those of February 18 and 20, 1915 — claimed that their 
proceeding was only enacted in retaliation for the violation of inter- 
national law by their opponents, the American Government 
approached both parties for the purpose of trying to reestablish inter- 
national law as it had been in force before the war. Germany was 
asked to adapt the use of her new weapon to the rules which had 
been existing for the former naval weapons and England not to inter- 
fere with the food supplies intended for the noncombatant German 
population and to admit their distribution under American super- 
vision. Germany, on March 1, 1915, declared her willingness to 
comply with the proposal of the American Government, whilst Eng- 
land, on the other hand, declined to do so. By the Order in Council 
of March 11, 1915, Great Britain abolished even what had remained 
of the freedom of neutral trade with Germany and her neutral neigh- 
bors. England's object was to starve Germany into submission by 
these illegal means. 

Germany, after neutral citizens had lost their lives against her 
wish and intention, nevertheless, in the further course of the war, 
complied with the wishes of the American Government regarding the 
use of submarines. The rights of neutrals regarding legal trading 
were, in fact, nowhere limited by Germany. 

Then England made it impossible for submarines to conform with 



THE UNITED STATES AND GERMANY 77 

the old rules of international law by arming nearly all merchantmen 
and by ordering the use of the guns on merchant vessels for attack. 
Photographic reproductions of those instructions have been trans- 
mitted to neutral Governments with the memorandum of the German 
Government of February 8, 1916. These orders are obviously in con- 
tradiction with the note delivered by the British Ambassador in 
Washington to the American Government on August 25, 1914. On 
account of the proposals made by the United States on January 23, 
1916, regarding disarmament, the Imperial Government hoped that 
these facts would enable the neutral Governments to obtain the dis- 
armament of the merchant ships of her opponents. The latter, how- 
ever, continued with great energy to arm their merchantmen with 
guns. 

The principle of the United States Government not to keep their 
citizens off belligerent merchant ships has been used by Great Britain 
and her allies to arm merchant ships for offensive purposes. Under 
these circumstances merchantmen can easily destroy submarines, and, 
if their attack fails, still consider themselves in safety by the pres- 
ence of American citizens on board. 

The order to use arms on British merchantmen was supplemented 
by instructions to the masters of such ships to hoist false flags and 
to ram U boats. Reports on payments of premiums and bestowals of 
decorations to successful masters of merchantmen show the effects of 
these orders. England's allies have adopted this position. 

Now Germany is facing the following facts: 

(a) A blockade contrary to international law (compare Ameri- 
can note to England of November 5, 1915) 1 has for one year been 
keeping neutral trade from German ports and is making German 
exports impossible. 

(5) For eighteen months, through the extending of contraband 
provisions in violation of international law (compare American note 
to England of November 5, 1915), the overseas trade of neighboring 
neutral countries, so far as Germany is concerned, has been hampered. 

(c) The interception of mails in violation of international law 
(compare American memorandum to England of January 10, 1916) 2 
is meant to stop any intercourse of Germany with foreign countries. 

(d) England, by systematically and increasingly oppressing neu- 
tral countries, following the principle of "might before right," has 
prevented neutral trade on land with Germany so as to complete the 
blockade of the central powers intended to starve their civil popu- 
lation. 

(e) Germans met by our enemies on the high seas are deprived of 
their liberty no matter whether they are combatants or noncom- 
batants. 

1 This note embodied the instructions from the Secretary of State sent October 
21, 1915, printed in American Journal of International haw, Special Supplement, 
October, 1916, p. 73. 

2 Embodied in telegram from the Secretary of State sent January 4, 1916, in 
American Journal of International Law, Special Supplement, October, 1916, 
p. 404. 



78 DIPLOMATIC CORRESPONDENCE BETWEEN 

(/) Our enemies have armed their merchant vessels for offensive 
purposes, theoretically making it impossible to use our U boats accord- 
ing to the principles set forth in London Declaration (compare Ameri- 
can memorandum of February 8, 1916). x 

The English White Book of January 5, 1916, on the restriction of 
German trade, boasts that by British measures Germany's export 
trade has been stopped almost entirely, whilst her imports are sub- 
ject to England's will. 

The Imperial Government feels confident that the people of the 
United States, remembering the friendly relations that for the last 
hundred years have existed between the two nations, will, in spite of 
the difficulties put into the way by our enemies, appreciate the Ger- 
man viewpoint as laid down above. 

J. Bernstorff. 



The Secretary of State to Ambassador Gerard. 

[Telegram — Paraphrase.] 

Department of State, 
Washington, March 27, 1916. 
Mr. Gerard is informed that considerable evidence has been re- 
ceived by the Department to the effect that the steamship Sussex with 
several American citizens among the passengers was sunk by a sub- 
marine torpedo on the 24th instant, and he is directed to inquire 
immediately of the German Foreign Office whether a submarine be- 
longing to Germany or her allies sunk the Sussex. The Department 
expects a prompt reply. 



The Secretary of State to Ambassador Gerard. 

[Telegram — Paraphrase.] 

Department of State, 
Washington, March 28, 1916. 

Mr. Gerard is informed of Department 's advices that the English- 
man, a steamer of the Dominion Line, was torpedoed March 21 after 
departure from Avonmouth for Portland, Me. The Englishman was 
a horse ship carrying several Americans on board and the survivors' 
list does not include some of them. 

Mr. Gerard is asked to inquire immediately of the German authori- 
ties whether the submarine which sank the vessel belonged to Ger- 
many or her allies and to add that the United States Government 
expects a prompt answer. 

1 This seems to refer to the " Memorandum of the Imperial German Govern- 
ment on the Treatment of Armed Merchantmen," dated February 8, 1916, printed 
infra, pp. 121-124. 



THE UNITED STATES AND GERMANY 79 

The Secretary of State to Ambassador Gerard. 

[Telegram — Paraphrase.] 

Department op State, 
Washington, March 29, 1916. 
Mr. Lansing states that the Department has been advised that on 
March 27 the ship Manchester Engineer with American citizens on 
board was torpedoed off Waterford without warning. 

Mr. Gerard is directed to make inquiry of the German Foreign 
Minister as to whether a submarine of Germany or her allies sank 
the Manchester Engineer. 

The Department expects a prompt answer. 



The Secretary of State to Ambassador Gerard. 

[Telegram — Paraphrase.] 

Department of State, 
Washington, April 1, 1916. 

Mr. Lansing states that information has been received by the 
Department that the Eagle Point, a British steamer with Americans 
aboard, was torpedoed on March 28, after surrender. The vessel was 
bound from St. Johns, New Brunswick, to Cherbourg, France, and 
those on board were left 130 miles south of Queenstown in two small 
boats, with a stormy wind blowing, in a heavy sea. 

Mr. Gerard is directed to inquire immediately of the German 
Government whether a submarine belonging to Germany or her allies' 
torpedoed the Eagle Point. A prompt reply is expected by the 
Department. 



The Secretary of State to Ambassador Gerard. 

[Telegram — Paraphrase.] 

Department of State, 
Washington, April 1, 1916. 

Mr. Lansing states that the Department is in receipt of informa- 
tion that the Berwindvale, a British steamer with four Americans on 
board, was on March 16 torpedoed off Bantry, Ireland, without 
warning. Apparently the Berwindvale was coming to the United 
States for cargo. 

Mr. Gerard is directed to inquire of the German Government 
whether a submarine of Germany or her allies torpedoed the Berwind- 
vale. The Department expects a prompt reply. 



80 DIPLOMATIC CORRESPONDENCE BETWEEN 

Ambassador Gerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, April 11, 1916. 
Following note just received: 

Foreign Office, 
Berlin, April 10, 1916. 

The undersigned has the honor to inform His Excellency, Mr. 
James W. Gerard, Ambassador of the United States of America, in 
reply to the notes of the 29th and 30th ultimo and the 3d instant on 
the subject of the steamers Sussex, Manchester Engineer, Englishman, 
Berwindvale, and Eagle Point, that the cases mentioned have been 
subjected to a careful investigation by the Admiralty Staff of the 
Navy, in accordance with my notes of the 30th and 31st ultimo and 
the 4th and 5th instants, and that all this investigation has led to the 
following results : 

One. English steamer Berwindvale. — A steamer, which was pos- 
sibly the Berwindvale, was encountered by a German submarine on 
the evening of the 16th of March within sight of Bullrock Light on 
the Irish coast. As soon as the steamer noticed the submarine, which 
was traveling on the surface, she turned and ran away. She was 
called upon to stop by a shot of warning, but did not heed this warn- 
ing, put out all her lights, and tried to escape. She was thereupon 
shelled until she stopped and lowered several boats without receiving 
further orders. After the crew had entered the boats and had suffi- 
cient time to pull off to a distance the ship was sunk. 

The name of this steamer has not been ascertained. Even with 
the help of the data furnished by the American Embassy it is not 
possible to say with certainty that the incident described above relates 
to the steamer Berwindvale. But since the steamer sunk was a tank 
steamer, like the Berwindvale, it may be assumed that the vessels are 
identical ; in this case, however the statement of the Embassy that the 
Berwindvale was torpedoed without warning would conflict with the 
facts. 

Two. English steamer Englishman. — On March 24 this steamer 
was ordered to stop by two shots of warning by a German submarine 
about twenty nautical miles west of Islay, but continued on her 
course without paying any attention to the warning and was there- 
fore forced to stop by the submarine by means of artillery fire after 
a long pursuit; she then lowered boats without receiving further 
orders. After the German commander had convinced himself that 
the crew had entered the boats and pulled away from the vessel he 
sank the steamer. 

Three. English steamer Manchester Engineer. — It has not been 
possible to ascertain by the investigation conducted as yet whether 
the attack on this steamer, which took place off Waterford on March 
27 according to the statements of the Embassy, is traceable to a 
German submarine. The data furnished regarding the place and 



THE UNITED STATES AND GERMANY 81 

time of the incident do not afford a sufficient clue for the investiga- 
tion. The receipt of more exact details concerning place, time, and 
attendant circumstances of the attack reported to the American Gov- 
ernment would therefore be desired in order that the investigation 
may then be brought to a conclusion. 

Four. English steamer Eagle Point. — On the morning of March 
28 this steamer was ordered to stop by a German submarine by signal 
and shot about 100, not 130, nautical miles from the southwest coast 
of Ireland, but she continued on her course. She was thereupon 
shelled until she stopped, and without receiving further orders low- 
ered two boats which the crew entered. After the commander had 
convinced himself that the boats, which had hoisted sails, had gotten 
clear of the steamer he sank her. 

At the time of the sinking a north-northwest wind of the second 
strength was blowing, not a "stormy wind," and there was a slight 
roll against the wind, not a "heavy sea," as asserted in the Embassy's 
statement of the facts. The boats furthermore had every prospect 
of being picked up very soon, since the place of the sinking was on 
one of the much used steamer routes. If the crew of the steamer in 
rescuing themselves made use of only two small boats they are them- 
selves to blame, for there were at least four large folding boats on 
the steamer, as the submarine was able to ascertain. 

Five. French steamer Sussex. — The establishment of the fact 
whether the channel steamer Sussex was damaged by a German sub- 
marine or not has been made extraordinarily difficult, because no 
exact data concerning place, time, and attendant circumstances of the 
sinking were known and no picture of this vessel could be obtained 
until April 6. Consequently the investigation had to embrace every 
one of the undertakings which took place in the channel on or near 
the route between Folkestone and Dieppe on March 24, the day in 
question. 

In this locality a long black vessel without a flag, with a gray 
smokestack and a small gray superstructure, and with two tall masts, 
was encountered by a German submarine on March 24 about the 
middle of the English Channel. The German commander gained the 
definite conviction that he had before him a war vessel, a mine layer 
of the newly constructed English Arabic class. He was led to this 
conviction, one, by the flush deck of the vessel; two, by the warship 
form of stern, protruding diagonally backward and then falling down- 
ward ; three, by the warship like coat of paint ; four, by the high 
speed of about eighteen sea miles developed by the vessel; five, by 
the circumstance that the vessel did not follow the course to the north 
of the lightbuoys between Dungeness and Beachy Head, which is the 
customary course for merchant shipping according to the frequent and 
uniform observations of the German submarines, but sailed in the 
middle of the channel, pointing about for Havre. He consequently 
attacked the ship submerged at 3:55 o'clock p. m., Central European 
time, one and a half sea miles southeast of Bullrock Bank. The tor- 
pedo struck and caused such a severe explosion in the foreship that 



82 DIPLOMATIC CORRESPONDENCE BETWEEN 

the whole foreship was torn loose up to the bridge. The particularly- 
severe explosion permits the safe conclusion that there were large 
quantities of ammunition on board. 

The German commander has made a sketch of the vessel attacked 
by him, two reproductions of which are attached. The picture of the 
steamer Sussex, two copies of which are likewise attached, is a photo- 
graph taken from the English Daily Graphic paper of the 27th ultimo. 
A comparison of the sketch with the picture shows that the Sussex is 
not identical with the vessel attacked ; the difference in the position of 
the smokestacks and the shape of the stern is particularly prominent. 
No further attack whatever was made by German submarines at the 
time coming into question for the Sussex on the way between Folke- 
stone and Dieppe. 

From this the German Government is forced to assume that the 
damaging of the Sussex is to be attributed to another cause than the 
attack of a German submarine. In order that the true state of affairs 
may be cleared up, the fact may possibly be of use that on the 1st 
and 2d of April alone no less than twenty-six English mines were 
exploded by German naval forces in the channel ; the whole of that 
part of the seas is dangerous owing to floating mines and torpedoes 
which have not sunk. The waters near the English coast will be still 
more dangerous on account of German mines also which have been 
sowed against the hostile naval forces. 

Should the American Government have at its disposal further 
material for forming judgment on the case of the Sussex the German 
Government begs to request that this material may be communicated 
to it in order that it may be able to subject this material to an exami- 
nation also. In the event of differences of opinion arising between 
the two Governments in this connection, the German Government 
declares at this time its readiness to permit the facts to be ascertained 
by a mixed committee of investigation, pursuant to the third title of 
The Hague Convention of October 18, 1907, for the pacific settlement 
of international disputes. 

The undersigned requests that the above be brought to the knowl- 
edge of the Government of the United States and avails himself of 
this opportunity to renew, etc. 

Von Jagow. 
Gerard. 



The Secretary of State to Ambassador Gerard. 
[Telegram.] 

Department op State, 
Washington, April 18, 1916. 
You are instructed to deliver to the Secretary of Foreign Affairs a 
communication reading as follows : 

I did not fail to transmit immediately, by telegraph, to my Gov- 
ernment Your Excellency's note of the 10th instant in regard to 



THE UNITED STATES AND GERMANY 83 

certain attacks by German submarines, and particularly in regard to 
the disastrous explosion which on March 24, last, wrecked the French 
steamship Sussex in the English Channel. I have now the honor 
to deliver, under instructions from my Government, the following 
reply to Your Excellency: 

Information now in the possession of the Government of the 
United States fully establishes the facts in the case of the Sussex,* 
and the inferences which my Government has drawn from that infor- 
mation it regards as confirmed by the circumstances set forth in 
Your Excellency's note of the 10th instant. On the 24th of March, 
1916, at about 2:50 o'clock in the afternoon, the unarmed steamer 
Sussex, with 325 or more passengers on board, among whom were a 
number of American citizens, was torpedoed while crossing from 
Folkestone to Dieppe. The Sussex had never been armed ; was a 
vessel known to be habitually used only for the conveyance of pas- 
sengers across the English Channel; and was not following the route 
taken by troop ships or supply ships. About eighty of her passen- 
gers, noncombatants of all ages and sexes, including citizens of the 
United States, were killed or injured. 

A careful, detailed, and scrupulously impartial investigation by 
naval and military officers of the United States has conclusively estab- 
lished the fact that the Sussex was torpedoed without warning or 
summons to surrender and that the torpedo by which she was struck 
was of German manufacture. In the view of the Government of the 
United States these facts from the first made the conclusion that the 
torpedo was fired by a German submarine unavoidable. It now con- 
siders that conclusion substantiated by the statements of Your Ex- 
cellency's note. A full statement of the facts upon which the Gov- 
ernment of the United States has based its conclusion is inclosed. 

The Government of the United States, after having given careful 
consideration to the note of the Imperial Government of the 10th of 
April, regrets to state that the impression made upon it by the state- 
ments, and proposals contained in that note is that the Imperial Gov- 
ernment has failed to appreciate the gravity of the situation which 
has resulted, not alone from the attack on the Sussex but from the 
whole method and character of submarine warfare as disclosed by 
the unrestrained practice of the commanders of German undersea 
craft during the past twelvemonth and more in the indiscriminate 
destruction of merchant vessels of all sorts, nationalities, and destina- 
tions. If the sinking of the Sussex had been an isolated case the 
Government of the United States might find it possible to hope that 
the officer who was responsible for that act had wilfully violated his 
orders or had been criminally negligent in taking none of the pre- 
cautions they prescribed, and that the ends of justice might be satis- 
fied by imposing upon him an adequate punishment, coupled with a 
formal disavowal of the act and payment of a suitable indemnity by 
the Imperial Government. But, though the attack upon the Sussex 

1 The full text of the evidence is printed in the American Journal of Inter- 
national Law, Special Supplement, October, 1916, pp. 230 et seq. 



84 DIPLOMATIC CORRESPONDENCE BETWEEN 

was manifestly indefensible and caused a loss of life so tragical as 
to make it stand forth as one of the most terrible examples of the 
inhumanity of submarine warfare as the commanders of German 
vessels are conducting it, it unhappily does not stand alone. 

On the contrary, the Government of the United States is forced 
by recent events to conclude that it is only one instance, even though 
one of the most extreme and most distressing instances, of the deliber- 
ate method and spirit of indiscriminate destruction of merchant ves- 
sels of all sorts, nationalities, and destinations which have become 
more and more unmistakable as the activity of German undersea 
vessels of war has in recent months been quickened and extended. 

The Imperial Government will recall that when, in February, 
1915, it announced its intention of treating the waters surrounding 
Great Britain and Ireland as embraced within the seat of war and of 
destroying all merchant ships owned by its enemies that might be 
found within that zone of danger, and warned all vessels, neutral as 
well as belligerent, to keep out of the waters thus proscribed or to 
enter them at their peril, the Government of the United States earn- 
estly protested. It took the position that such a policy could not be 
pursued without constant gross and palpable violations of the accepted 
law of nations, particularly if submarine craft were to be employed 
as its instruments, inasmuch as the rules prescribed by that law, rules 
founded on the principles of humanity and established for the protec- 
tion of the lives of noncombatants at sea, could not in the nature of 
the case be observed by such vessels. It based its protest on the 
ground that persons of neutral nationality and vessels of neutral 
ownership would be exposed to extreme and intolerable risks; and 
that no right to close any part of the high seas could lawfully be 
asserted by the Imperial Government in the circumstances then exist- 
ing. The law of nations in these matters, upon which the Govern- 
ment of the United States based that protest, is not of recent origin 
or founded upon merely arbitrary principles set up by convention. 
It is based, on the contrary, upon manifest principles of humanity 
and has long been established with the approval and by the express 
assent of all civilized nations. 

The Imperial Government, notwithstanding, persisted in carrying 
out the policy announced, expressing the hope that the dangers 
involved, at any rate to neutral vessels, would be reduced to a mini- 
mum by the instructions which it had issued to the commanders of 
its submarines, and assuring the Government of the United States 
that it would take every possible precaution both to respect the rights 
of neutrals and to safeguard the lives of noncombatants. 

In pursuance of this policy of submarine warfare against the com- 
merce of its adversaries, thus announced and thus entered upon in 
despite of the solemn protest of the Government of the United States, 
the commanders of the Imperial Government's undersea vessels have 
carried on practices of such ruthless destruction which have made it 
more and more evident as the months have gone by that the Imperial 
Government has found it impracticable to put any such restraints 



THE UNITED STATES AND GERMANY 85 

upon them as it had hoped and promised to put. Again and again 
the Imperial Government has given its solemn assurances to the 
Government of the United States that at least passenger ships would 
not be thus dealt with, and yet it has repeatedly permitted its under- 
sea commanders to disregard those assurances with entire impunity. 
As recently as February last it gave notice that it would regard all 
armed merchantmen owned by its enemies as part of the armed naval 
forces of its adversaries and deal with them as with men-of-war, thus, 
at least by implication, pledging itself to give warning to vessels 
which were not armed and to accord security of life to their passen- 
gers and crews ; but even this limitation their submarine commanders 
have recklessly ignored. 

Vessels of neutral ownership, even vessels of neutral ownership 
bound from neutral port to neutral port, have been destroyed along 
with vessels of belligerent ownership in constantly increasing num- 
bers. Sometimes the merchantmen attacked have been warned and 
summoned to surrender before being fired on or torpedoed; some- 
times their passengers and crews have been vouchsafed the poor secur- 
ity of being allowed to take to the ship's boats before the ship was 
sent to the bottom. But again and again no warning has been given, 
no escape even to the ship's boats allowed to those on board. Great 
liners like the Lusitania and Arabic and mere passenger boats like 
the Sussex have been attacked without a moment's warning, often 
before they have even become aware that they were in the presence 
of an armed ship of the enemy, and the lives of noncombatants, pas- 
sengers, and crew have been destroyed wholesale and in a manner 
which the Government of the United States cannot but regard as 
wanton and without the slightest color of justification. No limit of 
any kind has in fact been set to their indiscriminate pursuit and 
destruction of merchantmen of all kinds and nationalities within the 
waters which the Imperial Government has chosen to designate as 
lying within the seat of war. The roll of Americans who have lost 
their lives upon ships thus attacked and destroyed has grown month 
by month until the ominous toll has mounted into the hundreds. 

The Government of the United States has been very patient. At 
every stage of this distressing experience of tragedy after tragedy it 
has sought to be governed by the most thoughtful consideration of 
the extraordinary circumstances of an unprecedented war and to be 
guided by sentiments of very genuine friendship for the people and 
Government of Germany. It has accepted the successive explanations 
and assurances of the Imperial Government as of course given in 
entire sincerity and good faith, and has hoped, even against hope, 
that it would prove to be possible for the Imperial Government so 
to order and control the acts of its naval commanders as to square its 
policy with the recognized principles of humanity as embodied in the 
law of nations. It has made every allowance for unprecedented con- 
ditions and has been willing to wait until the facts became unmis- 
takable and were susceptible of only one interpretation. 

It now owes it to a just regard for its own rights to say to the 



86 DIPLOMATIC CORRESPONDENCE BETWEEN 

Imperial Government that that time has come. It has become pain- 
fully evident to it that the position which it took at the very outset 
is inevitable, namely, the use of submarines for the destruction of 
an enemy's commerce, is, of necessity, because of the very character 
of the vessels employed and the very methods of attack which their 
employment of course involves, utterly incompatible with the prin- 
ciples of humanity, the long-established and incontrovertible rights of 
neutrals, and the sacred immunities of noncombatants. 

If it is still the purpose of the Imperial Government to prosecute 
relentless and indiscriminate warfare against vessels of commerce by 
the use of submarines without regard to what the Government of the 
United States must consider the sacred and indisputable rules of inter- 
national law and the universally recognized dictates of humanity, the 
Government of the United States is at last forced to the conclusion 
that there is but one course it can pursue. Unless the Imperial Gov- 
ernment should now immediately declare and effect an abandonment 
of its present methods of submarine warfare against passenger and 
freight-carrying vessels, the Government of the United States can 
have no choice but to sever diplomatic relations with the German 
Empire altogether. This action the Government of the United States 
contemplates with the greatest reluctance but feels constrained to take 
in behalf of humanity and the rights of neutral nations. 

Lansing. 



Statement of Facts in Sussex Case. 
accompanying note to german government of april 18, 1916. 

The French channel steamer Sussex, employed regularly in pas- 
senger service between the ports of Folkestone, England, and Dieppe, 
France, as it had been for years (Statement of the French Ministry 
of Foreign Affairs), left Folkestone for Dieppe at 1:25 p. m., March 
24, 1916, with 325 or more passengers and a crew of fifty -three men. 
(Declaration of Captain Mouffet; report of Rear Admiral Grasset.) 
The passengers, among whom were about twenty-five American citi- 
zens (Telegram London Embassy, March 25, and Paris Embassy, 
March 26 and 28) were of several nationalities and many of them 
were women and children and nearly half of them subjects of neu- 
tral states. (Report of Commander Sayles and Lieutenant Smith; 
Rear Admiral Grasset 's report.) The Sussex carried no armament 
(Statement of French Ministry of Foreign Affairs; report of Com- 
mander Sayles and Lieutenant Smith; affidavits of American pas- 
sengers), has never been employed as a troop ship, and was following 
a route not used for transporting troops from Great Britain to France. 
(British Admiralty statement; statement of French Ministry of For- 
eign Affairs.) 

The steamer proceeded on its course almost due south after pass- 
ing Dungeness. (Declaration of Captain Mouffet.) The weather was 



THE UNITED STATES AND GERMANY 87 

clear and the sea smooth. (Affidavits of Edna Hale, John H. Hearley, 
Gertrude W. Warren.) At 2:50 p. m., when the Sussex was about 
thirteen miles from Dungeness (Declaration of Captain Mouffet), 
the captain of the vessel, who was on the bridge, saw about 150 meters 
from the ship, on the port side, the wake of a torpedo. (Declara- 
tion of Captain Mouffet.) It was also seen very clearly by the first 
officer and the boatswain who were with the captain on the bridge. 
(Report of Rear Admiral Grasset.) Immediately the captain gave 
orders to port the helm and stop the starboard engine (Declaration 
of Captain Mouffet), the purpose being to swing the vessel to star- 
board so as to dodge the torpedo by allowing it to pass along the 
port bow on a line converging with the altered course of the steamer. 
Before, however, the vessel could be turned far enough to avoid cross- 
ing the course of the torpedo, the latter struck the hull at an angle 
a short distance forward of the bridge, exploded, destroyed the entire 
forward part of the steamer as far back as the first water-tight bulk- 
head, carried away the foremast with the wireless antennas and killed 
or injured about eighty of the persons on board. (Declaration of Cap- 
tain Mouffet; report of Rear Admiral Grasset; deposition of Henry 
S. Beer.) At the time no other vessel was in sight. (Affidavits of 
Samuel F. Bemis, T. W. Culbertson, John H. Hearley, and others.) 

The approach of the torpedo was witnessed by several other per- 
sons on the vessel. (Affidavits of Samuel F. Bemis, Henry S. Beer, 
Gertrude W. Warren.) One of these, an American citizen named 
Henry S. Beer, was leaning on the port rail about ten feet behind the 
bridge and gazing seaward when he saw the approaching torpedo 
about 100 yards away and exclaimed to his wife and companion : 
"A torpedo!" Immediately following his exclamation the missile 
struck the vessel. (Depositions of Henry S. Beer and Mrs. Henry 
S. Beer.) 

In further corroboration of the fact, that the captain saw the 
torpedo coming toward the vessel, is the sworn statement of the engi- 
neers on duty that the order to port the helm and to stop the star- 
board engine was received and obeyed. (Report of Admiral Grasset.) 
No reasonable explanation can be given for this unusual order other 
than that the captain saw something which caused him to change his 
course sharply to starboard. 

In addition to this evidence which would in itself appear to be 
conclusive that the agent of destruction was a torpedo, is that of 
Lieutenant Smith, United States Navy, attached to the American 
Embassy at Paris, who, accompanied by Major Logan, United States 
Army, of the Embassy, went to Boulogne, inspected the hull of the 
Sussex and personally found beneath the mass of water-soaked debris 
of the wreck fifteen pieces of metal, which they retained in their 
possession as they did not believe the pieces formed part of the vessel. 
The inspection of the hull disclosed that the vessel was wrecked by an 
external explosion, the boilers being intact, and that a short distance 
forward of the bridge was a large dent showing that the vessel had 
received a heavy blow, the direction of impact being from abaft the 



88 DIPLOMATIC CORRESPONDENCE BETWEEN 

beam along a line at an acute angle with the keel of the vessel. (Re- 
port of Lieutenant Smith, cabled April 1.) This evidence coincides 
with and corroborates the statement that the vessel was swinging 
to starboard and away from the torpedo when struck. 

The pieces of metal, which the American officers had collected, 
were compared by Lieutenant Smith, Lieutenant Commander Sayles, 
and Major Logan with mines and plans of mines in possession of the 
French Naval authorities at Boulogne, Rochefort, and Toulon, and 
British Naval authorities at Portsmouth. These officers are positive 
in their opinion that these pieces of metal were not parts of a mine. 
(Report of Lieutenant Smith, cabled April 1 and 5.) 

Among these fifteen pieces of metal were two screw-bolts showing 
the effects of an explosion, which were stamped with "K" and "56" 
on faces of the head of one, and "K" and "58" on faces of the head 
of the other. On examining German torpedoes in the possession of 
the French Naval authorities at Toulon, and of the English Naval 
authorities at Portsmouth, the American officers found that identical 
screws with the letter "K" and a number were employed to fasten 
the "war" head (kopf) to the air chamber. (Lieutenant Smith's 
reports, cabled April 2, 5, and 13.) 

The screws used in French and English torpedoes have no mark- 
ings and are of a slightly different size. (Same reports.) Further- 
more, the American officers were able by comparison and close exam- 
ination to positively identify and locate all the remaining thirteen 
pieces of metal as parts of a German torpedo, as follows: 

Fragment 3, part of inner seat of water relief valve of engine valve. 

Fragments 4 and 5, punto bands of engine-room casing. 

Fragments 6 to 10 inclusive and 12, parts of engine cylinders. 

Fragments 11, 13, 14, 15, parts of steel war head still bearing the 
distinctive reel paint common to German torpedo war heads. (Report 
of Lieutenant Smith, cabled April 5.) 

In view of these authenticated facts there can be no reasonable 
doubt but that the Sussex was torpedoed and that the torpedo was 
of German manufacture. As no vessel was seen by any person on 
the Sussex, the conclusion is irresistible that the torpedo was launched 
without warning from a submarine which was submerged at the time 
of the attack and remained beneath the surface after the explosion. 

The conclusion thus reached from the evidence (the affidavits 
being those of American citizens) collected by the Department of 
State is substantiated by the statements in the Imperial Government's 
note of April 10, 1916. According to those statements — 

(a) A German submarine torpedoed a steamer one and a half 
miles southeast of Bullrock Bank. 

Department's comment. — The point of attack is exactly in the 
course which was taken by the Sussex after passing Dungeness 
and about one-half mile from the place where the captain of the 
Sussex states he was torpedoed. 

(6) The attack took place at 3 :55 o'clock p. m., Central European 
time. 



THE UNITED STATES AND GERMANY 89 

Department's comment. — 3:55 p. m., Central European time 
would correspond to 2 :55 p. m., Western European time. The 
time of the striking of the torpedo according to the captain of 
the Sussex, and the stopping of the clocks on board the vessel, 
was 2:50 p. m., Western time. 

(c) The torpedo, when it struck, caused an explosion which tore 
away the whole foreship up to the bridge. 

Department's comment. — The forepart of the Sussex was 
wrecked as far back as the first water-tight bulkhead, according 
to the official reports. 

(d) The German submarine was submerged when the torpedo was 
launched and there is no statement that it came to the surface after 
the attack. 

Department's comment. — The conclusion was reached that the 
submarine was submerged from the fact that no one on the Sussex 
saw a submarine though the weather was fine. 

(e) No warning was given and no attempt was made to give one 
since it is not mentioned. 

Department's comment. — The evidence collected shows affirm^ 
atively no warning was given. 

(/) A sketch by the submarine commander of the steamer which 
he torpedoed does not agree with a photograph of the Sussex in the 
London Graphic. 

Department's comment. — This sketch was apparently made 
from memory of an observation of the vessel through a periscope. 
As the only differences noted by the commander, who relied on 
his memory, were the position of the smokestack and the shape 
of the stern, it is to be presumed the vessels were similar in 
other respects. 

(g) No other German submarines on that day attacked steamers 
in that locality. 

Department's comment. — As no vessel is reported to have been 
torpedoed without warning by a submerged submarine other than 
the Sussex, it is beyond question that that vessel was torpedoed 
by the submarine whose commander's report is relied upon in 
the note of April 10. 

Lansing. 



90 DIPLOMATIC CORRESPONDENCE BETWEEN 

Ambassador Gerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, May 4, 1916. 
Following is the text of the note handed to me both in German 
and English at 5 :30 this afternoon by Secretary of State for Foreign 

Affairs : 

Foreign Office, 
Berlin, May 4, 1916. 

The undersigned, on behalf of the Imperial Government, has the 
honor to present to His Excellency the Ambassador of the United 
States, Mr. James W. Gerard, the following reply to the note of 
April 20 regarding the conduct of German submarine warfare : 

The German Government has handed over to the proper naval 
authorities for further investigation the evidence concerning the 
Sussex, as communicated by the Government of the United States. 
Judging by results that this investigation has hitherto yielded, the 
German Government is alive to the possibility that the ship men- 
tioned in the note of April 10 as torpedoed by a German submarine 
is actually identical with the Sussex. The German Government begs 
to reserve further communications on the matter until certain points 
are ascertained which are of decisive importance for establishing the 
facts of the case. Should it turn out that the commander was wrong 
in assuming the vessel to be a man-of-war the German Government 
will not fail to draw the consequences resulting therefrom. 

In connection with the case of the Sussex, the Government of the 
United States has made a series of statements, gist of which is the 
assertion that this incident is to be considered as one instance for the 
deliberate method of indiscriminate destruction of vessels of all sorts, 
nationalities, and destinations by German submarine commanders. 
The German Government must emphatically repudiate this assertion. 
The German Government, however, thinks it of little avail to enter 
into details in the present stage of affairs, more particularly as the 
Government of the United States has omitted to substantiate this 
assertion by reference to concrete facts. The German Government will 
only state that it has imposed far-reaching restraints upon the use of 
the submarine weapon solely in consideration of the interests of neu- 
trals, in spite of the fact that these restrictions are necessarily of 
advantage to Germany's enemies; no such consideration has ever been 
shown to the neutrals by Great Britain and her allies. 

The German submarine forces have had, in fact, orders to con- 
duct submarine warfare in accordance with the general principles of 
visit and search and destruction of merchant vessels as recognized 
by international law, the sole exception being the conduct of warfare 
against the enemy trade carried on enemy freight ships that are 
encountered in the war zone surrounding Great Britain ; with regard 
to these no assurances have ever been given to the Government of the 



THE UNITED STATES AND GERMANY 91 

United States; no such assurance was contained in the declaration 
of February 8, 1916. The German Government cannot admit any 
doubt that these orders have been given and are executed in good 
faith. Errors have actually occurred ; they can in no kind of war- 
fare be avoided altogether, and allowances must be made in the con- 
duct of naval warfare against an enemy resorting to all kinds of 
ruses, whether permissible or illicit. But, apart from the possibility 
of errors, naval warfare, just like warfare on land, implies unavoid- 
able dangers for neutral persons and goods entering the fighting zone. 
Even in cases where naval action was confined to their ordinary forms 
of cruiser warfare, neutral persons and goods have repeatedly come 
to grief. The German Government has repeatedly and explicitly 
pointed out the dangers from mines that have led to the loss of numer- 
ous ships. The German Government has made several proposals to 
the Government of the United States in order to reduce to a mini- 
mum for American travelers and goods the inherent dangers of naval 
warfare. Unfortunately the Government of the United States has 
decided not to accept these proposals; had it accepted, the Govern- 
ment of the United States would have been instrumental in prevent- 
ing the greater part of the accidents that American citizens have met 
with in the meantime. The German Government still stands by its 
offer to come to an agreement along these lines. 

As the German Government has repeatedly declared, it cannot 
dispense with the use of the submarine weapon in the conduct of war- 
fare against enemy trade. The German Government, however, has 
now decided to make a further concession in adapting the methods 
of submarine warfare to the interests of the neutrals; in reaching 
this decision the German Government has been actuated by con- 
siderations which are above the level of the disputed question. 

The German Government attaches no less importance to the sacred 
principles of humanity than the Government of the United States. 
Again, it fully takes into account that both Governments have for 
many years cooperated in developing international law in conformity 
with these principles, the ultimate object of which has been always 
to confine warfare on sea and on land to the armed forces of the 
belligerents and to safeguard, as far as possible, noncombatants 
against the horrors of war. 

But, although those considerations are of great weight, they alone 
would not, under the present circumstances, have determined the atti- 
tude of the German Government. 

For, in answer to the appeal made by the United States Govern- 
ment on behalf of the sacred principles of humanity and international 
law, the German Government must repeat once more with all em- 
phasis that it was not the German but the British Government which, 
ignoring all the accepted rules of international law, has extended this 
terrible war to the lives and property of noncombatants, having no 
regard whatever for the interests and rights of the neutrals and 
noncombatants that through this method of warfare have been severely 
injured. 



92 DIPLOMATIC CORRESPONDENCE BETWEEN 

In self-defense against the illegal conduct of British warfare, 
while fighting a bitter struggle for her national existence, Germany 
had to resort to the hard but effective weapon of submarine warfare. 
As matters stand, the German Government cannot but reiterate its 
regret that the sentiments of humanity which the Government of the 
United States extends with such fervor to the unhappy victims of 
submarine warfare are not extended with the same warmth of feeling 
to the many millions of women and children who, according to the 
avowed intentions of the British Government, shall be starved and 
who, by their sufferings, shall force the victorious armies of the cen- 
tral powers into ignominious capitulation. The German Government, 
in agreement with the German people, fails to understand this dis- 
crimination, all the more as it has repeatedly and explicitly declared 
itself ready to use the submarine weapon in strict conformity with 
the rules of international law as recognized before the outbreak of 
the war, if Great Britain were likewise ready to adapt her conduct 
of warfare to these rules. The several attempts made by the Gov- 
ernment of the United States to prevail upon the British Government 
to act accordingly have failed because of the flat refusal on the part 
of the British Government. Moreover, Great Britain has ever since 
again and again violated international law, surpassing all bounds in 
outraging neutral rights. The latest measure adopted by Great 
Britain, declaring German bunker coal as contraband and establish- 
ing conditions under which alone English bunker coal shall be sup- 
plied to neutrals, is nothing but an unheard of attempt, by way of 
exaction, to force neutral tonnage into the service of the British 
trade war. 

The German people knows that the Government of the United 
States has the power to confine this war to the armed forces of the 
belligerent countries in the interest of humanity and the maintenance 
of international law. The Government of the United States would 
have been certain of attaining this end had it been determined to 
insist against Great Britain on its incontestable rights to the freedom 
of the seas. But, as matters stand, the German people is under the 
impression that the Government of the United States, while demand- 
ing that Germany, struggling for her existence, shall restrain the use 
of an effective weapon, and while making the compliance with these 
demands a condition for the maintenance of relations with Germany, 
confines itself to protests against the illegal methods adopted by Ger- 
many's enemies. Moreover, the German people knows to what a con- 
siderable extent its enemies are supplied with all kinds of war material 
from the United States. 

It will therefore be understood that the appeal made by the Gov- 
ernment of the United States to the sentiments of humanity and to 
the principles of international law cannot, under the circumstances, 
meet with the same hearty response from the German people which 
such an appeal is otherwise always certain to find here. If the Ger- 
man Government, nevertheless, has resolved to go to the utmost limit 
of concessions, it has not alone been guided by the friendship con- 



THE UNITED STATES AND GERMANY 93 

necting the two great nations for over a hundred years, but it also 
has thought of the great doom which threatens the entire civilized 
world should this cruel and sanguinary war be extended and pro- 
longed. 

The German Government, conscious of Germany's strength, has 
twice within the last few months announced before the world its 
readiness to make peace on a basis safeguarding Germany's vital 
interests, thus indicating that it is not Germany's fault if peace is 
still withheld from the nations of Europe. 

The German Government feels all the more justified to declare 
that the responsibility could not be borne before the forum of man- 
kind and history if, after twenty-one months' duration of the war, the 
submarine question under discussion between the German Government 
and the Government of the United States were to take a turn seri- 
ously threatening the maintenance of peace between the two nations. 

As far as it lies with the German Government, it wishes to pre- 
vent things from taking such a course. The German Government, 
moreover, is prepared to do its utmost to confine the operations of 
war for the rest of its duration to the fighting forces of the belliger- 
ents, thereby also insuring the freedom of the seas, a principle upon 
which the German Government believes, now as before, to be in agree- 
ment with the Government of the United States. 

The German Government, guided by this idea, notifies the Gov- 
ernment of the United States that the German naval forces have 
received the following orders : In accordance with the general prin- 
ciples of visit and search and destruction of merchant vessels recog- 
nized by international law, such vessels, both within and without the 
area declared as naval war zone, shall not be sunk without warning 
and without saving human lives, unless these ships attempt to escape 
or offer resistance. 

But neutrals cannot expect that Germany, forced to fight for her 
existence, shall, for the sake of neutral interest, restrict the use of an 
effective weapon if her enemy is permitted to continue to apply at 
will methods of warfare violating the rules of international law. 
Such a demand would be incompatible with the character of neu- 
trality, and the German Government is convinced that the Govern- 
ment of the United States does not think of making such a demand, 
knowing that the Government of the United States has repeatedly 
declared that it is determined to restore the principle of the freedom 
of the seas, from whatever quarter it is violated. 

Accordingly, the German Government is confident that, in con- 
sequence of the new orders issued to its naval forces, the Government 
of the United States will now also consider all impediments removed 
which may have been in the way of a mutual cooperation towards 
the restoration of the freedom of the seas during the war as sug- 
gested in the note of July 23, 1915, and it does not doubt that the 
Government of the United States will now demand and insist that 
the British Government shall forthwith observe the rules of inter* 
national law universally recognized before the war as they are laid 



94 DIPLOMATIC CORRESPONDENCE BETWEEN 

down in the notes presented by the Government of the United States 
to the British Government on December 28, 1914, and November 5, 
1915. Should the steps taken by the Government of the United States 
not attain the object it desires to have the laws of humanity followed 
by all belligerent nations, the German Government would then be 
facing a new situation, in which it must reserve itself complete liberty 
of decision. 

The undersigned avails himself of this occasion to renew to the 
American Ambassador the assurances of his highest consideration. 

Von Jagow. 

Foreign Office informs me note will be given out here to the Ger- 
man newspapers and American correspondents late to-morrow 
afternoon. Gerard. 



The Secretary of State to Ambassador Gerard. 

[Telegram.] 

Department of State, 
Washington, May 8, 1916. 
You are instructed to deliver to the Minister of Foreign Affairs a 
communication textually as follows: 

The note of the Imperial German Government under date of May 4, 
1916, has received careful consideration by the Government of the 
United States. It is especially noted, as indicating the purpose of the 
Imperial Government as to the future, that it "is prepared to do its 
utmost to confine the operations of the war for the rest of its dura- 
tion to the fighting forces of the belligerents," and that it is deter- 
mined to impose upon all its commanders at sea the limitations of 
the recognized rules of international law upon which the Government 
of the United States has insisted. Throughout the months which have 
elapsed since the Imperial Government announced, on February 4, 
1915, its submarine policy, now happily abandoned, the Government 
of the United States has been constantly guided and restrained by 
motives of friendship in its patient efforts to bring to an amicable 
settlement the critical questions arising from that policy. Accepting 
the Imperial Government's declaration of its abandonment of the 
policy which has so seriously menaced the good relations between the 
two countries, the Government of the United States will rely upon 
a scrupulous execution henceforth of the now altered policy of the 
Imperial Government, such as will remove the principal danger to 
an interruption of the good relations existing between the United 
States and Germany. 

The Government of the United States feels it necessary to state 
that it takes it for granted that the Imperial German Government 
does not intend to imply that the maintenance of its newly announced 



THE UNITED STATES AND GERMANY 95 

policy is in any way contingent upon the course or result of diplo- 
matic negotiations between the Government of the United States and 
any other belligerent Government, notwithstanding the fact that cer- 
tain passages in the Imperial Government's note of the 4th instant 
might appear to be susceptible of that construction. In order, how- 
ever, to avoid any possible misunderstanding, the Government of the 
United States notifies the Imperial Government that it cannot for a 
moment entertain, much less discuss, a suggestion that respect by 
German naval authorities for the rights of citizens of the United States 
upon the high seas should in any way or in the slightest degree be 
made contingent upon the conduct of any other Government affect- 
ing the rights of neutrals and noncombatants. Responsibility in such, 
matters is single, not joint; absolute, not relative. 

Lansing. 



The German Ambassador to the Secretary of State. 

German Embassy, 
Washington, May 12, 1916. 
Mr. Secretary of State: 

A German submarine, in January, last, signaled with flags from 
a distance the Dutch steamer Bandoeng to stop. Instead of immedi- 
ately complying with that summons, permissible under international 
law, the Dutch steamer turned at high speed on the submarine, whose 
commander, on the assumption warranted by the circumstances that 
he had to do with an English ship in disguise bent on attacking him, 
then opened fire on her. The steamer Bandoeng then stopped and 
sent over a boat for the examination of the ship's papers. On being 
asked about his captain's proceeding, the Dutch officer in command 
of the boat explained that he wanted to come nearer the submarine 
so as to shorten the visitation formalities. 

The Imperial Government finds in the incident occasion to sug- 
gest to the neutral Governments that the masters of their merchant 
ships be given to understand that in the event of thus being stopped 
by German public vessels the provisions of international law must be 
observed to the letter and that their special attention be called to 
the danger incurred by turning their ships on a submarine. Thus 
alone can incidents of the foregoing description be avoided, the respon- 
sibility for which would exclusively lie upon the neutral shipmaster. 
Accept, etc., Bernstorpf. 



96 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Secretary of State to Ambassador Gerard. 

[Telegram — Paraphrase.] 

Department of State, 
Washington, August 16, 1916. 

Mr. Lansing states that the Department of State has been informed 
by the American Consul General at Rotterdam that Captain Barlow 
of the American steamer Owego, plying between New York and Rot- 
terdam, arrived at the latter city on August 14 and reported that 
his vessel was fired at ten times in the British Channel, near the Isle 
of Wight, by a German submarine, but no casualties reported. Mr. 
Gerard is instructed to bring the matter at once formally to the atten- 
tion of the Foreign Minister and request a prompt investigation of the 
case and a prompt statement of the findings. 

Mr. Lansing adds that Mr. Gerard will perceive the importance of 
giving his constant attention to the case until a reply from the Ger- 
man Government is received. 



Ambassador Gerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, August 27, 1916. 
Foreign Office in a note dated August 26, which was received 
to-day, replies as follows in regard to American steamer Owego: 

As established by the Admiralty Staff of the Imperial Navy, a 
German submarine at 2 :40 afternoon, on August 3, with very clear 
weather and smooth sea, sighted a slow-going steamer of an old type 
and stood by. At a distance of 6,000 meters the submarine made the 
steamer a signal to stop and gave two warning shots. As nothing 
happened on the steamer, whose flag was not recognizable but which 
nevertheless continued to proceed on its way, three further warning 
shots were fired. As the steamer neither made an "understood" 
signal nor stood by, fire was opened on it. After six shots (eleven 
shots in all) it hoisted American flag on the forestay and stopped. 
The distance was now 2,000 meters. The submarine signaled "send 
immediately boat with the papers," to which the captain of the 
steamer answered by hoisting his designation signal but did nothing 
more. When, after a further seventeen minutes, no preparations were 
made to launch a boat the commander of the submarine fired a shot 
across the steamer's bow. After ten minutes the first officer came on 
board the submarine and stated that the captain had not observed the 
submarine until then. The Imperial Government cannot give any 
credence to this evasive excuse, since the note of August 18 mentions 



THE UNITED STATES AND GERMANY 97 

ten shots fired at the steamer, from which it is undeniably clear that 
the warning shots were heard by the captain of the Owego, but that 
no attention was paid to them. 

Under these circumstances the Imperial Government finds itself 
under the necessity of emphasizing the fact that while the conduct 
of the commander of the submarine was in every respect correct, the 
behavior of the steamer Oivego was not in accordance with the rules 
of international law. The captain would therefore have had only 
himself to blame had his conduct brought about unpleasant results. 

Gerard. 



The Secretary of State to Ambassador Gerard. 
[ Telegram — Paraphrase. ] 

Department of State, 
Washington, September 18, 1916. 

Mr. Lansing, referring to Mr. Gerard's mail dispatch numbered 
3920 and dated August 29, informs him that the substance of the Ger- 
man note of the 26th of August in the matter of the American steamer 
Owego had been submitted to the vessel's owners who informed the 
Department that the captain of the vessel says that, while he heard 
firing he never saw any submarine and never knew any shots were 
fired at the Owego or across her bow until after the submarine came in 
sight and then he could not understand her signals on account of there 
being no wind to unfurl her flags so they would stand out and dis- 
close her nationality. The captain further states that it was and is 
his conception of his duty that when stopped he should wait until a 
boarding party from a warship came on board of his vessel to make 
search and not he to leave his own vessel to board any foreign war- 
ship. 

Mr. Lansing states that this Government trusts that the German 
Imperial Government will see its way clear to warn its undersea 
commanders, if in fact it has not already done so, to be most par- 
ticular in their efforts to make sure that their signals are under- 
stood by merchantmen before extreme measures are taken which might 
result in the destruction of American lives and property. In order 
that this may not occur this Government has informed ship owners 
that war submarines' signals should be answered promptly and fol- 
lowed. 

Mr. Lansing instructs Mr. Gerard to address a note to the German 
foreign minister in such terms as the foregoing indicates as a reply to 
his note of August 26, 1916. 



98 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Secretary of State to Ambassador Gerard. 
[ Telegram — Paraphrase. ] 

Department of State, 
Washington, September 29, 1916. 
Mr. Lansing informs Mr. Gerard that the master's statement of 
the steamer Owego in his last telegram was transmitted to him in the 
language of the United States Steamship Company, and further in- 
forms him that he now has the master's own statement made after- 
ward which is as follows : 

"Ever since early morning of that day we heard sounds of heavy 
cannon coming from the direction of the French coast, which was 
nearer to us than the English coast, but not discernible. About 12.40 
p. m., on that day I was below eating my dinner when my first mate, 
H. Hattfield, came to me and stated that he heard guns of smaller 
caliber and closer to us, but nothing could be seen. I then went on 
deck with said first mate, and the first thing I saw was a shot dropping 
in the water about 100 feet from our stern, which shot dropped di- 
rectly in the wake of the vessel. I looked with the aid of glasses, as 
did all of the officers of the vessel, but none of us were able to discover 
any boat in sight. I ordered the wheel put hard starboard and the 
engines stopped, which was done. About 15 minutes later we made 
out the submarine coming slowly toward us. At that time, to my 
judgment, she was about one mile away. Said submarine had signals 
hoisted but, owing to the entire lack of wind, they were lying flat 
against the flagstaff instead of being carried out by the breeze and 
we were unable to make out what the signals were. We were laying 
still at that time. Then there was a shot fired which came within 
about four feet of the broad side of the vessel and the submarine kept 
coming slowly toward us. When she was about one-half mile away we 
were able to make out one flag and guessed at the rest. We immedi- 
ately proceeded to lower a boat and I dispatched the first mate with 
the ship's papers. The Owego was displaying a large American flag 
on her stern and also a large American flag amidship. Her name 
and the letters U. S. A. were painted in white letters 6 feet long, 
extending nearly from bow to stern on either side. I did not know 
the exact number of shots which said submarine fired, I having seen 
but four shots which struck near the vessel. There was no shot fired 
across the steamer's bow as stated in the German note. The com- 
mander of the submarine informed my first mate that he had fired 
11 or 12 shots at us and that was the source of my information when 
I gave the number of shots fired. The first mate returned from the 
submarine with said papers and a permit written in German and 
signed by the commander allowing the vessel to proceed, which she 
did. The boat which I sent out to the submarine was launched as 
quickly as possible after I discovered the submarine signal to send 



THE UNITED STATES AND GERMANY 99 

same. I did not know we were being fired upon by reason of the heavy 
firing in the direction of the French coast, but stopped the vessel 
and waited as soon as it was discovered that the firing was near to us 
and sounded differently than what we had been hearing." 

Mr. Gerard is instructed that if he can discern no objection he 
is permitted to submit this further statement to the Foreign Office, 
augmented by the information contained in Mr. Lansing's last tele- 
gram, and is also informed that this information is being forwarded to 
the end that he may have all the facts necessary for the information of 
the German Government. 



The Secretary of State to Charge Grew. 

[Telegram — Paraphrase.] 

Department of State, 
Washington, October 30, 1916. 
Mr. Grew is informed of receipt of telegram dated October 28, 
1916, from the American Consul at Queenstown, reporting that the 
"Furness freighter Rowanmore, Baltimore for Liverpool, mixed 
cargo, including munitions, attacked by German submarine eight 
forty-five a. m., twenty-sixth, one hundred forty miles west southwest 
of Cape Clear, after fifty minutes' attempt escape Rowanmore's steer- 
ing gear was shot away. Master thereupon stopped and signaled sub- 
marine he was abandoning ship. Submarine three-fourths miles dis- 
tant continued shelling as it came up, originally three miles off. Sub- 
marine shelled boats after latter were clear, no casualties whatever, 
but Americans and officers insist submarine was firing to kill until it 
came close up, when it forewent that. Submarine forcibly took mas- 
ter on board it as prisoner or hostage. Expressed perfunctory regret 
at situation of crew of seventy-nine men, who were in four open boats. 
Weather was dull, with heavy swell and light, choppy waves, wind 
moderate to fresh. Submarine shelled Rowanmore and at eleven thirty 
torpedoed her, but vessel did not sink until two forty p. m. Rowan- 
more had wirelessed the Finland, thirty miles away, warning her to 
keep away, also wirelessed other vessels. British Admiralty vessel 
came to rescue eleven forty-five a. m. Crew landed Bantry ten a. m., 
twenty-seventh. Seven Americans, of whom five are Fillipines, other 
two are native Americans, George Murphy, seven hundred forty Jef- 
ferson Avenue, Brooklyn, and Albert Sessler, forty-two Sharon Street, 
Boston. Both rated trimmers. Their affidavit is taken. Took state- 
ment first officer Watson, but could not complete it formally, as he 
had only two hours in Cork. Rowanmore had gross tonnage six thou- 
sand seven hundred five." 

Mr. Grew is instructed to bring the matter to the attention of the 



100 DIPLOMATIC CORRESPONDENCE BETWEEN 

German Government for investigation and to report as soon as 
possible. 



Charge Grew to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, November 3, 1916. 
With reference to Department's 3530, thirtieth October, and 3532, 
thirty-first, following is a translation of note dated to-day received 
from Foreign Office at ten thirty this evening : 

' ' The undersigned has the honor to reply as follows to the Ameri- 
can Charge d 'Affaires, Mr. Grew, with reference to the two notes of 
the second instant relative to the sinking of the British steamers 
Rowanmore and Marina 1 by German submarines : 

"The Imperial Government is not yet in a position to give a 
positive statement regarding the cases in question, since the sub- 
marines which come into question for the sinking are still on their 
voyage without it having yet been possible to get into communication 
with them. As soon as they shall have returned an exact investiga- 
tion of their procedure will be instituted and immediately upon its 
completion the result will be communicated to the American Embassy. 

"The Imperial Government, however, wishes even now to express 
the conviction that the proceedings connected with the sinking of the 
two ships could not have occurred as the informants of the Ameri- 
can Government state. For the commanders of the German sub- 
marines operating against England have the strictest and most sharply 
controlled instructions to keep carefully within the limits of the rules 
the observance of which the Imperial Government promised in its 
note of May fourth, 1916, and which since then have been observed 
by the German submarines with the greatest exactness. 

' ' The undersigned avails himself of this occasion, et cetera. 

' ' ( Signed) Zimmermann. ' ' 

Grew. 

The Secretary of State to Charge Grew. 
[Telegram — Paraphrase.] 

Department of State, 
Washington, November 18, 1916. 
Mr. Lansing states that the Department has been advised of the 
torpedoing without warning of the British ship Sebek, with Americans 
aboard, bound from Liverpool to Alexandria, while ten miles east of 
Malta, on October 12. 

Also the Department is advised that the ship Delta, of Norwegian 

1 Not printed. 



THE UNITED STATES AND GERMANY 101 

registry, bound from Naples to Wales, in ballast, and on which there 
were Americans, was sunk by cannon shot on October 31, fifty-five 
miles off Cape Palos, Spain, by a German submarine. 

Mr. Grew is instructed to bring to the attention of the German 
Government the above cases in which it appears the lives of Ameri- 
can citizens have been jeopardized by German submarines, and request 
an immediate investigation and report. 



The Secretary of State to Ambassador Gerard. 

[Telegram — Paraphrase.] 

Department of State, 
Washington, November 18, 1916. 
Mr. Lansing states that the American steamship Lanao, unarmed, 
of Philippine registry, which was en route from Saigon to Havre, 
laden with rice, was sunk on October 28 by a German submarine 
while off Cape Vincent, Portugal, about thirty miles. Mr. Gerard is 
instructed to bring this case to the German Government's immediate 
attention, with the request that it be investigated and a prompt report 
made concerning the sinking of an American vessel. 



The Secretary of State to Charge Grew. 1 

[Telegram — Paraphrase.] 

Department of State, 
Washington, November 18, 1916. 

Mr. Grew is advised that the Department has been informed that 
the steamer Arabia of the P and O line was torpedoed without warn- 
ing by a German or Austrian submarine in the Mediterranean on 
November 6, while on her homeward voyage. The ship had on board 
some 480 passengers, including women and children to the number 
of about 170. The weather, it appears, was fine, and the submarine 
could have seen women and children on the deck of the ship before 
dispatching the torpedo. This Government finds itself unable to 
square this disaster with the assurance of the German Government 
of May 4, 1916, which the Government of the United States under- 
stands binds both Central Powers. 

Mr. Grew is instructed to bring this case to the attention of the 
German Government and to request an immediate investigation and 
a prompt report. 

1 Same, mutatis mutandis, to the Embassy at Vienna. 



102 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Secretary of State to Charge Grew. 

[ Telegram — Paraphrase. ] 

Department op State, 
Washington, November 18, 1916. 
Mr. Lansing informs Mr. Grew that the Department is advised that 
the American steamer Columbian, bound to Genoa from St. Nazaire 
in ballast, was sunk on November 7 by German submarine U-49 about 
50 miles northwest of Cape Ortegal. Apparently the crew was saved. 
Mr. Grew is instructed to bring to the immediate attention of the 
German Government the case of the Columbian, with a request for an 
investigation and prompt report. 



Charge Grew to the Secretary of State. 

American Embassy, 
Berlin, November 21, 1916. 
Sir : With reference to my dispatches Nos. 4529 x of November 4, 
1916, and 4532 x of November 7, 1916, I have the honor to inclose 
herewith, in order to complete the files of the Department, a copy 
and translation of the Note from the Imperial Foreign Office, dated 
November 19, 1916, replying to the Embassy's inquiry in regard to 
the sinking of the steamer Rowanmore. The text of this Note was 
cabled to the Department in my telegram No. 4622 1 of November 20, 
1916. 

I have, etc., J. C. Grew. 



[ Inclosure — Translation. ] 

Foreign Office, 
Berlin, November 19, 1916. 
The undersigned has the honor to inform Mr. Joseph Clark Grew, 
Charge d 'Affaires of the United States of America, in reply to the 
notes of the 2nd and 7th instant, and in supplement to the note of 
the Foreign Office of the 3rd instant that the investigation of the 
sinking of the English steamer Rowanmore, conducted by the Ad- 
miralty Staff of the Imperial German Navy has led to the following 
result : 

At about 9.30 o'clock on the morning of October 26th last, a 

steamer was sighted pointing eastward; there was a light westerly 

wind and a light sea therefrom but a heavy westward Atlantic roll. 

Upon approaching it was seen to be a question of an English steamer. 

1 Not printed. 



THE UNITED STATES AND GERMANY 103 

The steamer was not flying any flag. At a distance of from 5 to 6 
thousand meters a shot of warning was fired ; the steamer now turned 
and ran away at high speed, always keeping the submarine to the 
starboard aft. The submarine took up the pursuit and kept the 
steamer under gunfire to prevent flight. It was observed during 
the pursuit that the steamer gave out wireless signals as to its position 
and the pursuit by the submarine in order to attract help. 

At about 11.20 o'clock it was perceived that the speed of the 
steamer was decreasing and following this that boats were lowered. 
Hereupon the firing was immediately stopped. It is a matter of course 
that no shots were fired at the lifeboats. This is also confirmed by 
the fact that nobody in the boats was injured. 

The submarine was now still about 2,000 meters away from the 
steamer and observed that a signal was hoisted on the steamer which 
did not however blow clear and therefore could not be made out. It 
was not until later that it was learned from the captain that he had 
caused the signal "I surrender the ship" to be hoisted. According 
to his own testimony the signal was hoisted furled by an excited sea- 
man so that it could not be made out. 

Upon approaching closer three large boats containing the crew 
were found and a small gig in which the captain of the steamer sat 
alone with only one scull; he had been deserted by the crew when 
the ship was struck by several shells and as the last man on board 
had lowered this boat alone ; he was taken from it on board the sub- 
marine. He there stated "The steamer Rowanmora was struck 10 
times, the last shot hitting the stern and apparently damaging the 
screw." No one of the crew was injured in the shooting. 

It was then ascertained that the Rowanmore was on a voyage 
from Baltimore to Liverpool. The ship was sunk. The position was 
latitude 51 degrees 25 minutes north, longitude 12 degrees 50 minutes 
west. 

In the meantime a cloud of smoke came into sight which proved 
to be the column of smoke from a destroyer, which was rapidly com- 
ing towards the submarine. The safety of the crew of the steamer 
was thus guaranteed. In view of the destroyer the submarine sub- 
merged and made off. 

The German Government begs to point out on this occasion that 
the difficult situation in which some American citizens were involved 
during this occurrence is not attributable to the action of the sub- 
marine, which kept entirely within the bounds of international law, 
but to the attitude of the English ship, which persistently attempted 
to escape until it had lost its mobility. 

The undersigned avails himself of this opportunity to renew to 
the Charge d 'Affaires of the United States of America the assurances 
of his distinguished consideration. 

(sigd.) v. Jagow. 



104 DIPLOMATIC CORRESPONDENCE BETWEEN 

Charge Grew to the Secretary of State. 

American Embassy, 
Berlin, November 27, 1916. 
The following note relative to the sinking of the Marina has just 

been received: 

"Foreign Office, 
"Berlin, November 25, 1916. 

"The undersigned has the honor to inform Mr. Joseph Clark Grew, 
Charge d 'Affaires of the United States of America, in supplement to 
his note of the third instant and in reply to the esteemed note of the 
second instant, 1 Foreign Office Number 13985, that the investigation 
of the sinking of the British steamer Marina conducted by the German 
Government has led to the following results: 

At four fifty o'clock on the afternoon of October 28th last, a Ger- 
man submarine encountered a steamer about twenty nautical miles 
from the Skelligs in sight of land ; steamer was painted gray, displayed 
no flag, and had wooden super-structure on deck for transporting 
horses. The commander of the submarine considered this steamer, 
which was identical with the Marina, a horse transport ship in the 
service of the British Government which he could attack forthwith 
according to international law as an auxiliary warship. He was 
strengthened in this view by his activity in the Mediterranean where 
he had often observed ships of this kind and ascertained that they 
were used as British transport steamers in the Dardanelles operations. 
In these circumstances he saw nothing objectionable in torpedoing 
the Marina without warning. 

' ' The assumption of the commander that he was concerned with an 
enemy transport seems correct since the Marina, as is known to the 
German Government from reliable sources, was actually used as a 
horse transport steamer in the service of the British Government. 
Should this assumption prove however to be a wrong one according 
to the investigations of the American Government, the action of the 
commander would be attributable to a regrettable mistake and not 
have been in accordance with his instructions ; in this event the Ger- 
man Government would not hesitate to draw the appropriate conse- 
quences. The American Government is therefore requested further to 
communicate the result of its official investigations in this direction. 
"The undersigned requests the Charge d 'Affaires to bring the 
above to the knowledge of the American Government and avails him- 
self et cetera, 

' ' (Signed) Zimmermann. ' ' 

Grew. 

1 Not printed. 



THE UNITED STATES AND GERMANY 105 

Charge Grew to the Secretary of State. 
[Telegram.] 

American Embassy, 
Berlin, December 4, 1916. 
The following note relative to the sinking of the Arabia has just 
been received : 

"Foreign Office, Berlin, December 4, 1916. 

"The undersigned has the honor to inform Mr. Grew, Charge 
d 'Affaires of the United States of America, in reply to the note of the 
21st ultimo, Foreign Office number 14401, that the investigation con- 
ducted by the German Government concerning the sinking of the 
British steamer Arabia has led to the following results : 

' ' On the morning of November 6 a German submarine encountered 
a large steamer coming from the Cerigo Straits, one hundred nautical 
miles west of the Island of Cerigo; the steamer was painted black 
and had black superstructures and not, as is otherwise the case with 
the P and O Line superstructures, a light color; the steamer, which 
was identical with the Arabia, was not traveling on the route regularly 
used by the passenger steamers between Port Said and Malta, as is 
made plain on the inclosed map, 1 but was taking a zigzag course 
towards the west one hundred twenty nautical miles north of that 
route; this course, on which the submarine had passed three similar 
steamers at the same spot on the same morning, leads from the Aegean 
to Malta, so that the Arabia was moving on the transport route 
Cerigo-Malta used solely for war purposes, according to the experi- 
ences until now. The commander of the submarine further ascer- 
tained that there were large batches of Chinese and other colored 
persons in their national costumes on board the steamer; he consid- 
ered them to be workmen soldiers, such as are used in great numbers 
behind the front by the enemies of Germany; in spite of the clear 
weather and careful observation he did not perceive any women and 
children. 

"In these circumstances the commander of the submarine was 
convinced that in the case of this steamer he was concerned with a 
transport ship for troops in the service of the British Government, 
which is to be considered as an auxiliary warship according to inter- 
national law, and can therefore be treated like a warship. He ac- 
cordingly considered himself justified in attacking the steamer without 
delay and sank it. 

"Should the American Government give the official data showing 
that the Arabia was at the time of the torpedoing an ordinary pas- 
senger steamer, the action of the Commander would not have been in 
accordance with the instructions given him, since these instructions 
are now as before in agreement with the assurances of the German 
note of May, nineteen sixteen. This would then be a case of a regret- 
1 Not printed. 



106 DIPLOMATIC CORRESPONDENCE BETWEEN 

table mistake, from which the German Government would promptly 
draw the appropriate consequences. 

"The undersigned requests the Charge d 'Affaires to bring the 
above to the knowledge of the American Government, and avails him- 
self. 

''(Signed) Zimmermann." 

Grew. 



Charge Grew to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, December 8, 1916. 
The following note with regard to the sinking of the Sebek has 
just been received : 

"Foreign Office, Berlin, December 6, 1916. The undersigned has 
the honor to reply as follows to the note of Mr. Grew, Charge d 'Af- 
faires of the United States of America, dated the twenty-first ultimo. 
Foreign Office No. 14221, relative to the sinking of the British vessel 
Sebek by a German submarine. 

"According to the investigations of the German Naval authorities 
a German submarine attacked without warning and sank on October 
twelfth last, close to the war-port of La Valeta, Malta, a ship which 
was under way with lights smothered and without position lanterns, 
and which therefore had to be considered as a warship by the German 
commander. 

"A completely darkened ship which contrary to the international 
provisions relative to the carrying of lights at sea displays no streamer 
(?) and a position of lights thereby characterizes itself as a warship, 
in the war area at any rate or still more in the neighborhood of a 
war-port as in the present case. Should then the darkened ship sunk 
off Malta actually have been identical with the British steamer Sebek 
the blame for jeopardizing lives of the Americans hired on the Sebek 
attached solely to the captain who, in order to evade measures of 
prize by the German cruisers recognized by international laws, took 
upon himself the danger involved in neglecting, contrary to inter- 
national law the international provisions relative to the carrying of 
lights. 

' ' The undersigned requests that the above be communicated to the 
American Government and avails himself of the opportunity to the 
Charge d 'Affaires, et cetera. (Signed) Zimmermann." 

Grew. 



THE UNITED STATES AND GERMANY 107 

The Secretary of State to Charge Grew. 

[ Telegram — Paraphrase. ] 

Department op State, 
Washington, December 9, 1916. 
Mr. Lansing informs Mr. Grew that the Department is advised that 
the British steamship Barbara, which had Americans on board, was 
sunk in the British Channel by a German submarine on October 20. 
The ship was laden with coal and bound to Hartlepool from Phila- 
delphia. 

Mr. Grew is instructed to make request of the Foreign Minister 
for a prompt investigation and report. 



The Secretary of State to Charge Grew. 

[ Telegram — Paraphrase. ] 

Department of State, 
Washington, December 9, 1916. 
Mr. Lansing informs Mr. Grew that the Department is advised that 
the Norwegian steamer Trippel bound from Baltimore to Genoa, which 
had aboard American citizens, was sunk on November 11 by a Ger- 
man submarine 18 miles off Villarico. 

Mr. Grew is instructed to bring this case to the attention of the 
Foreign Minister and request a prompt investigation and report. 



The Secretary of State to Charge Grew. 

[Telegram — Paraphrase.] 

Department of State, 
Washington, December 9, 1916. 

Mr. Lansing informs Mr. Grew that the Department is advised that 
the Norwegian ship Lokken, which had American citizens aboard, was 
sunk by a submarine whose nationality is unknown, by gunfire while 
en route to Phillipville, near Algiers, from Cardiff, with a cargo of 
coal, in the middle of the Bay of Biscay, about 180 miles from shore 
on November 11. 

Mr. Grew is directed to bring this case to the attention of the 
Foreign Minister, and request a prompt investigation and report. 



108 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Secretary of State to Charge Grew. 

[ Telegram — Paraphrase. ] 

Department of State, 
Washington, December 9, 1916. 
Mr. Lansing informs Mr. Grew that the Department has been ad- 
vised that the British steamer Trevarrick, which had Americans on 
board, was sunk 90 miles off Ouessant Point, on November 16, by a 
German submarine. The ship was grain laden, bound from Buenos 
Ayres to Hull. 

Mr. Grew is instructed to request of the Foreign Minister a prompt 
investigation and report. 



Charge Grew to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, December 11, 1916. 
The following note relative to the sinking of the Lanao has just 
been received: 

"Foreign Office, Berlin, December 9, 1916. 

"The undersigned has the honor to reply as follows to the note of 
Mr. Grew, Charge d 'Affaires of the United States of America, dated 
the 21st ultimo : Foreign Office Number 14420. Relative to the sink- 
ing of the steamer Lanao by a German submarine. 

"On October 28th last a German submarine encountered the 
steamer Lanao on the way to Le Havre and captured it as a prize be- 
cause it was carrying contraband to the enemy. Since the submarine 
was unable to conduct the Lanao into a German or Allied port with- 
out exposing itself to the danger of sinking, it sank the steamer after 
it had taken the crew on board. The crew was then sent on board the 
Norwegian steamer Tromp, which was just at the time in sight. 

"The steamer Lanao belonged originally to the Lindlay Millar 
Steamship Company, of Manila ; it was, however, sold in July, 1916, to 
the shipping firm of Hannevig Brothers, of London, and sailed since 
under the English flag. The owners of the firm of Hannevig Brothers 
are the sons of the shipowner Christian Hannevig, of Borre, Norway, 
and are, like him, Norwegian subjects. 

"The undersigned request Mr. Grew, the Charge d 'Affaires, to 
communicate the above to the Government of the United States, and 
avails himself , etc., Zimmermann." 

Grew. 



THE UNITED STATES AND GERMANY 109 

The Secretary of State to Charge Grew. 

[Telegram.] 

Department of State, 
Washington, December 12, 1916. 

Mr. Lansing states that the United States Government has made 
inquiry of the Government of Great Britain concerning the status of 
the vessel Marina and Lord Grey states in reply as to whether the 
Marina was in the British Government's service at the time of her 
sinking that the Marina was neither chartered nor requisitioned by 
the Government of Great Britain. She was on the service of her own- 
ers, running on her ordinary berth, and entirely under her owners' 
orders and control. The Marina, on her voyages from America, carried 
for the Government of Great Britain a number of animals at a fixed 
rate per head. These animals were carried entirely at the risk and 
responsibility of the shipowners, the only difference between these 
animals and any other cargo carried being the fact that they were 
consigned to the British Government. 

Mr. Grew is directed to bring the foregoing to the immediate atten- 
tention of the Minister of Foreign Affairs and he is informed that 
further inquiries have been made as to whether the Marina was ever 
in the service of the British Government and, if so, when and whether 
it was customary for the Marina in the past to be in the British Gov- 
ernment's service on voyages from the United States and in her 
owners' service on returning voyages. When replies to these inquiries 
are received they will be transmitted to Mr. Grew. 



Charge Crew to the Secretary of State. 

American Embassy, 
Berlin, December 18, 1916. 
Sir : In order to complete the files of the Department, I have the 
honor to transmit herewith a copy and translation of the note from the 
Foreign Office, No. A. 33392, of December 16, 1916, relative to the 
sinking of the American steamer Columbian, the text of which was 
telegraphed to the Department to-day in my No. 4744. 

I have, etc., J. C. Grew. 



110 DIPLOMATIC CORRESPONDENCE BETWEEN 

[ Inclosure — Translation. ] 
The German Minister for Foreign Affairs to Charge Grew. 

Foreign Office, 
Berlin, 16 December, 1916. 

The undersigned has the honor to make the following reply to the 
note of Mr. Grew, Charge d 'Affaires of the United States of America, 
dated the 21st ultimo (F. 0. No. 14402) relative to the sinking of the 
American steamer Columbian by a German submarine. 

According to the investigations of the German naval authorities 
the Columbian was stopped by a German submarine at 2.30 o 'clock on 
the afternoon of November 7th, 1916, in 44 degrees latitude north and 
8 degrees 44 minutes longitude west. The weather was clear for 3 
nautical miles, but wind and sea were rather heavy. After the warn- 
ing shot the flag signal "Send your papers on board" was given. The 
Columbian then hoisted the signal "I cannot make out your flag." 
This answer seemed proper, since as a result of the position of the two 
vessels in relation to each other and of the direction of the wind the 
flags blew out towards the steamer. The submarine then approached 
closer under water, looked over the steamer, which had been stopped, 
more carefully through the periscope and then came to the surface 
close to her. It was ascertained while the submarine was traveling 
submerged that the steamer carried the American flag and markings 
and bore the name Columbian, New York ; and also that she had wire- 
less telegraphy apparatus. According to her course the steamer came 
from an English or a French port and, to judge from the empty 
wooden superstructures on her deck, appeared to have delivered there 
horses, i. e., absolute contraband. On account of the difficulty of hav- 
ing a boat sent across in such a sea the commander of the submarine 
dispensed with the examination of the papers, signaled to the steamer 
"You are released" and left her traveling on the surface. The 
steamer resumed her old course. 

Soon afterwards it was reported to the commander of the sub- 
marine from his wireless station that since emerging wireless mes- 
sages of the American steamer had been intercepted containing in 
open English, in addition to the distress signal S. 0. S., reports con- 
cerning the submarine, such as "Submarine cruising around us" and 
the position of the submarine at the time, ' ' Position so and so. ' ' These 
wireless messages caused the commander to turn about and stop the 
steamer a second time. Notwithstanding the sea and the wind had be- 
come still heavier, he succeeded in overhauling the Columbian, which 
was making off, and forcing her by means of signals to follow the sub- 
marine and to use her wireless apparatus at a lower intensity only and 
solely for communication with the submarine. 

The submarine then traveled during the night in a westward direc- 
tion with the Columbian and the Norwegian steamer Balto, which had 
been stopped previously and furnished with a prize crew, and ex- 



THE UNITED STATES AND GERMANY 111 

amined the ship's papers of the Columbian the next morning, the 
weather being better. After the examination the commander decided 
to sink the ship for unneutral service. The crew was taken over in its 
own boats to the steamer Balto and later put on board the Norwegian 
steamer Vdringen, together with the crew of the Balto. The Vdringen 
received orders to take all the crews into the Spanish port of Cama- 
rinas, and executed these orders. The commander of the submarine 
kept the captain of the Columbian with him on board for the time 
being, but sent him ashore on November 10th, in the Bay of Camarinas. 

According to the ascertainment of the facts as given above, the 
action of the commander of the submarine appears completely justi- 
fied. For, by means of her wireless reports as to the position of the 
submarine, which were plainly intended to attract enemy naval forces, 
the Columbian had voluntarily placed herself in the service of the 
submarine-defense forces of the enemy and had, in so doing, taken 
direct part in hostilities. Such an act was bound to clothe the vessel 
with the character of an enemy merchantman, pursuant to the prin- 
ciples of international law (See also article 46, paragraph 1, number 
1, of the Declaration of London), so that she could be captured and 
sunk as such a vessel. The sinking itself took place after the ship's 
papers had been secured and the human lives saved. 

For the rest, if the Government of the United States asserts in its 
instructions to the Embassy at Berlin that the Columbian was travel- 
ing in ballast, it is plainly incorrectly informed. The report of Cap- 
tain Curtis, in the London Times of November 15th, states that the 
vessel had a cargo of 9,000 tons when she encountered the submarine. 

The German commander then ascertained, upon examining the 
ship's papers, that the Columbian was carrying 4,900 tons of steel 
plates and in addition a small cargo of other goods, including copper, 
potash, soda, motor-cycles, and parts of machines. According to the 
captain's version, the steel plates consisted of steel for shells, were 
therefore intermediate products for the manufacture of shells, and 
thus absolute contraband, pursuant to Article 21, number 2, of the 
German prize ordinance; the cargo of copper was likewise absolute 
contraband, pursuant to Article 21, number 38, of the prize ordinance. 
Since the ship was bound to Genoa, well known to be an Italian naval 
and military fortress, and a basis of operations and supplies for the 
Italian land and naval forces, there was a legal presumption of hos- 
tile destination attaching to that part of the cargo also which, like 
the motor-cycles, belonged only to conditional contraband. 

The report of the commander of the submarine on the sinking of 
the Columbian has been transmitted to the competent Imperial Prize 
Court at Hamburg, which will decide on the legality of the measures 
of the commander. Thus it would appear that the American parties 
interested in ship and cargo should be advised to advance the rights 
to which they lay claim before this Prize Court within the time limits 
and in the form prescribed by the German Code of Prize Procedure. 

The Undersigned requests Mr. Grew, Charge d 'Affaires of the 
United States of America, to inform the Government of the United 



112 DIPLOMATIC CORRESPONDENCE BETWEEN 

States of the above, and avails himself of the occasion to renew to him 
the assurance of his most distinguished consideration. 

ZlMMERMANN. 



The Secretary of State to Charge Grew. 

[ Telegram — Paraphrase. ] 

Department of State, 
Washington, December 20, 1916. 

Mr. Grew is informed that in further response to the inquiries of 
the United States Government concerning the status of the vessel 
Marina the British Minister for Foreign Affairs states that the British 
Government were in no way interested in the voyage of the Marina 
at the time she was attacked. However, the Marina on her return 
voyage would have brought a deck load of horses for the British Gov- 
ernment, but these would have made but a small part of her cargo. 
On each voyage from the United States to Great Britain from October, 
1916, to the last voyage from the United States before her sinking the 
Marina was utilized for this purpose. The British Government did 
not employ her at any time in any other manner. In addition it is 
stated that the Marina was at no time in the British Government's 
service in any sense in which the vessel was not in the service of any 
other regular shippers of cargoes carried by her. 

An explanation of precise method of employment is contained in 
Viscount Grey's note of December sixth to Ambassador Page, of which 
you were informed in Department's telegram of December twelfth. 

Mr. Grew is directed to bring the foregoing to the attention of 
the German Government immediately. 



Consul Washington to the Secretary of State. 

[Telegram.] 

American Consulate, 
Liverpool, December 22, 1916. 
Captain John Trainor, of Eighty-three Federal Street, Portland, 
Maine, Master American five masted Schooner Rebecca Palmer, of 
New York, affirms he left Savannah, Georgia, November ninth ; that at 
four-twenty afternoon of December fourteenth, when seventy miles 
west southwest Fastnet, making about two knots an hour in a heavy 
sea, Captain observed what appeared like a boat sail about four miles 
to the north on his beam ; this proved to be a submarine, as a shot was 
fired at the ship. Captain ordered mate to go below for flag and at 
once hove to his vessel. Another shot followed in about two minutes. 
When mate was below one of these shots, the captain is uncertain 
which, struck bow, doing about two hundred dollars damage. The 



THE UNITED STATES AND GERMANY 113 

vessel at this time showed no flag. There was an American flag 
painted forward of amidships on each side, about eight by twelve feet. 
This could not have been seen at that distance by submarine in cap- 
tain's opinion. The flag was then hoisted, and in about half an hour 
the submarine came within two hundred yards and, as it was dark, 
signaled with Morse lights to send boat. Captain had previously made 
out German colors on submarine. Captain lowered motor launch, but 
submarine had then disappeared. Captain proceeded toward motor 
launch, which was thereby lost, owing to heavy weather; vessel in 
stream. Hope affidavits mate and helmsman to-morrow. 

Washington. 



Ambassador Gerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, December 27, 1916. 
The following note relative to the sinking of the Norwegian ship 
Delto has just been received : 

"Foreign Office, Berlin, December twenty-fifth, nineteen sixteen. 
The undersigned has the honor to inform His Excellency, Mr. Gerard, 
Ambassador of the United States of America, in reply to the note of 
Mr. J. C. Grew, dated the twenty-first ultimo, Foreign Office number 
fourteen forty-two, relative to the sinking of the Norwegian ship 
Delto by a German submarine as follows : 

"According to the investigations of the German Naval authorities 
the Norwegian ship Delto not Delta, which was chartered by the 
Italian Government to carry coal, was stopped on October thirteenth 
last about forty nautical miles southeast of Cape Palos and sunk by 
artillery fire on account of unneutral service to the enemy (?), also 
Article forty-six, paragraph one, number three of the Declaration of 
London, after the German commander had taken the ship 's papers on 
board and caused the crew to enter the lifeboats. The crew was given 
half an hour to leave the ship ; the weather was good and very clear, 
the wind was very light. The boats had a comparatively short way 
to go to reach the Spanish coast, so that there was full security for 
saving the crew. 

"The presumption expressed by the American Government that 
the lives of American citizens on board the Delto were jeopardized is 
therefore not correct. 

"The undersigned requests that the above [be?] communicated to 
the American Government and avails himself of the (* * *) 1 to renew 
to the Ambassador the assurance of his most distinguished consid- 
eration. 

"(Signed) Zimmermann." 

Gerard. 

1 Apparent omission. 



114 DIPLOMATIC CORRESPONDENCE BETWEEN 
Ambassador Gerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, January 11, 1917. 
The following note relative to the sinking of the Norwegian 
steamer Trippel has just been received : 

"Foreign Office, Berlin, January 11, 1917. 

"The undersigned has the honor to inform His Excellency, Mr. 
James W. Gerard, Ambassador of the United States of America, in 
reply to the note of Mr. J. C. Grew, dated the twelfth ultimo, Foreign 
Office Number fourteen eighty-four nine, relative to the sinking of the 
Norwegian steamer Trippel by a German submarine, as follows : 

"According to the investigation of the German naval authorities 
the Norwegian steamer Trippel was stopped by a German submarine 
on November 10, 1916, and captured after it was ascertained that her 
cargo consisted of steel and iron for the Italian war command with 
Genoa as the port of destination. Since it was impossible under the 
given circumstances to bring the steamer into a German port she was 
sunk. Crew had first been given sufficient time to leave the steamer ; 
the weather was very fine, the Spanish coast scarcely ten miles distant 
so that there was full security for the rescuing of the craft. 

' ' The undersigned requests that the above may be communicated to 
the American Government and avails himself of the opportunity to 
renew, etc. (Signed) Minister for Foreign Affairs." 

Gerard. 



Ambassador Gerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, January 12, 1917. 
The following note relative to the sinking of the Norwegian 
steamer Lokken has just been received: 

"Foreign Office, 
" Berlin, January eleven, 1917. 
"The undersigned has the honor to inform His Excellency, Mr. 
James W. Gerard, Ambassador of the United States of America, in 
reply to the note of Mr. J. C. Grew, dated December 11 last, Foreign 
Office No. 14831, on the subject of the sinking of the Norwegian 
steamer Lokken by a submarine of unknown nationality as follows : 

1 ' The investigation conducted by the German naval authorities has 
shown that the Lokken was stopped by a German submarine on No- 
vember 11, 1916. The steamer had absolute contraband on board — 
namely, coal for the Algerian State railways. She was therefore cap- 
tured and sunk, since it was not feasible under the given circum- 



THE UNITED STATES AND GERMANY 115 

stances to take her into a German port. Care was taken for the rescue 
of the crew by the submarine taking the two boats in tow and con- 
ducting them to a steamer, which took the men on board. 

"The undersigned requests that the above may be communicated 
to the American Government, and avails himself of the opportunity to 
renew to the Ambassador the assurances of his most distinguished 
consideration. Zimmermann. " 

Gerard. 



Ambassador Gerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, January 15, 1917. 
The following note relative to the sinking of the English steamer 
Barbara has just been received : 

"Foreign Office, Berlin, January 14, 1917. 

"The undersigned has the honor to inform His Excellency Mr. 
James W. Gerard, Ambassador of the United States of America, in 
reply to the note of Mr. J. C. Grew dated December eleven last, 
Foreign Office No. 14836, on the sinking of the steamer Barbara as 
follows : 

"According to the investigations of the German naval authorities 
the steamer Barbara was stopped by a German submarine with a shot 
of warning on October 20, 1916, a few miles south of the Isle of 
Wight ; the crew then immediately entered the boats. After the com- 
mander had convinced himself that the crew had been taken on board 
of the Spanish steamer Victor Chavarri and was thus in a place of 
safety he sank the vessel. 

"The undersigned requests that the above may be communicated 
to the American Government and avails himself, et cetera. 

' ' ( Signed) Zimmermann. ' ' 

Gerard. 



Ambassador Gerard to the Secretary of State. . 

[Telegram.] 

American Embassy, 
Berlin, January 29, 1917. 
Following note received from the Foreign Office : 

"Foreign Office 
Berlin, January 26, 1917. 
"The undersigned has the honor to inform His Excellency, Mr. 
James W. Gerard, Ambassador of the United States of America, in 



,116 DIPLOMATIC CORRESPONDENCE BETWEEN 

reply to the note of Mr. J. C. Grew, dated December eleven, 1916, 
Foreign Office number 14829, relative to the sinking of the British 
steamer Trevarrica by a German submarine, as follows: 

"According to the facts as ascertained by the German naval au- 
thorities, the British steamer Trevarraca, not 'Trevarrica,' was 
stopped by a German submarine on the morning of November sixteen, 
1916 ; the crew left the steamer without further delay when the signal 
to stop was given and sailed away from the steamer in their boats. 
The vessel was then sunk as an enemy vessel after it had been searched. 

"The undersigned requests that the above may be brought to the 
cognizance of the American Government, and avails himself, et cetera. 

"(Signed) Stumm." 

Gerard. 



Part V. 
ARMED MERCHANT VESSELS. 



The Acting Secretary of State to the German Ambassador. 1 

Department op State, 
Washington, September 19, 1914. 
Dear Mr. Ambassador: 

I am inclosing for your information two memoranda, which the 
Department has issued to-day and which define the general rules which 
this Government will follow in dealing with cases involving the status 
of armed merchant vessels visiting American ports, and with cases of 
merchant vessels suspected of carrying supplies to belligerent war- 
ships from American ports. 

I am, etc., Robert Lansing. 



[Inclosure 1.] 
THE status of armed merchant vessels. 

A. A merchant vessel of belligerent nationality may carry an 
armament and ammunition for the sole purpose of defense without 
acquiring the character of a ship of war. 

B. The presence of an armament and ammunition on board a mer- 
chant vessel creates a presumption that the armament is for offen- 

1 Same to the British, French, and Japanese Ambassadors in Washington, 
and the Belgian Minister. 



THE UNITED STATES AND GERMANY 117 

sive purposes, but the owners or agents may overcome this presump- 
tion by evidence showing that the vessel carries armament solely for 
defense. 

C. Evidence necessary to establish the fact that the armament it 
solely for defense and will not be used offensively, whether the arma- 
ment be mounted or stowed below, must be presented in each case 
independently at an official investigation. The result of the investiga- 
tion must show conclusively that the armament is not intended for, 
and will not be used in, offensive operations. 

Indications that the armament will not be used offensively are: 

1. That the caliber of the guns carried does not exceed six inches. 

2. That the guns and small arms carried are few in number. 

3. That no guns are mounted on the forward part of the vessel. 

4. That the quantity of ammunition carried is small. 

5. That the vessel is manned by its usual crew, and the officers 
are the same as those on board before war was declared. 

6. That the vessel intends to and actually does clear for a port 
lying in its usual trade route, or a port indicating its purpose to 
continue in the same trade in which it was engaged before war was 
declared. 

7. That the vessel takes on board fuel and supplies sufficient only 
to carry it to its port of destination, or the same quantity substan- 
tially which it has been accustomed to take for a voyage before war 
was declared. 

8. That the cargo of the vessel consists of articles of commerce 
unsuited for the use of a ship of war in operations against an enemy. 

9. That the vessel carries passengers who are as a whole unfitted 
to enter the military or naval service of the belligerent whose flag the 
vessel flies, or of any of its allies, and particularly if the passenger 
list includes women and children. 

10. That the speed of the ship is slow. 

D. Port authorities, on the arrival in a port of the United States 
of an armed vessel of belligerent nationality, claiming to be a mer- 
chant vessel, should immediately investigate and report to Washing- 
ton on the foregoing indications as to the intended use of the arma- 
ment, in order that it may be determined whether the evidence is 
sufficient to remove the presumption that the vessel is, and should be 
treated as, a ship of war. Clearance will not be granted until author- 
ized from Washington, and the master will be so informed upon 
arrival. 

E. The conversion of a merchant vessel into a ship of war is a 
question of fact which is to be established by direct or circumstan- 
tial evidence of intention to use the vessel as a ship of war. 

Department of State, 
September 19, 1914. 

[Inclosure 2 *] 

1 Inclosure No. 2 printed under section " Supplies for Belligerent Vessels," 
p. 138. 



118 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Secretary of State to Ambassador Gerard. 

Department of State, 
Washington, September 29, 1914. 
Sib : I transmit herewith, for the information of the German Gov- 
ernment, copies of two memoranda x issued by this Department which 
define the general rules which the Government of the United States 
will follow in dealing with cases involving the status of armed mer- 
chant vessels visiting American ports, and with cases of merchant 
vessels suspected of carrying supplies to belligerent warships from 
American ports. 

Copies of these memoranda were also sent to the German Ambassa- 
dor here, and it is at his request that the copies herewith are sent for 
communication to his Government. 

I am, etc., For the Secretary of State, 

Robert Lansing. 



Ambassador Gerard to the Secretary of State. 
[Telegram — Paraphrase.] 

American Embassy, 
Berlin, October 15, 1914, 7 p. m. 
Mr. Gerard transmits the following memorandum which he says 
he has received from the German Foreign Office : 

An official notice appearing in the Westminster Gazette of Sep- 
tember 21, 1914, states that the Department of State at Washington 
has ruled that ships of belligerent nations when equipped with ammu- 
nition and armament shall be treated nevertheless, while in American 
ports, as merchant ships, provided the armament serves for defensive 
purposes only. This ruling wholly fails to comply with the principles 
of neutrality. The equipment of British merchant vessels with 
artillery is for the purpose of making armed resistance against Ger- 
man cruisers. Resistance of this sort is contrary to international 
law, because in a military sense a merchant vessel is not permitted 
to defend itself against a war vessel, an act of resistance giving the 
warship (* * *) 2 with crew and passengers. It is a question whether 
or not ships thus armed should be admitted into ports of a neutral 
country at all. Such ships, in any event, should not receive any 

1 See pp. 116-117, 138. "' Omission. 



THE UNITED STATES AND GERMANY 119 

better treatment in neutral ports than a regular warship, and should 
be subject at least to the rules issued by neutral nations restricting 
the stay of a warship. If the Government of the United States con- 
siders that it fulfills its duty as a neutral nation by confining the 
admission of armed merchant ships to such ships as are equipped for 
defensive purposes only, it is pointed out that so far as determining 
the warlike character of a ship is concerned, the distinction between 
the defensive and offensive is irrelevant. The destination of a ship 
for use of any kind in war is conclusive, and restrictions as to the 
extent of armament afford no guarantee that ships armed for defen- 
sive purposes only will not be used for offensive purposes under cer- 
tain circumstances. 



The Acting Secretary of State to Ambassador Gerard. 

[Telegram.] 

Department of State, 
Washington, November 7, 1914. 

Your 515, October 15. The Government of the United States is 
obliged to dissent from the views of the German Government as ex- 
pressed in your telegram in regard to the treatment to be accorded 
armed merchant vessels of belligerent nationality in neutral ports. 
The practice of a majority of nations and the consensus of opinion by 
the leading authorities on international law, including many German 
writers, support the proposition that merchant vessels may arm for 
defense without losing their private character and that they may 
employ such armament against hostile attack without contravening 
the principles of international law. 

The purpose of an armament on a merchant vessel is to be deter- 
mined by various circumstances, among which are the number and 
position of the guns on the vessel, the quantity of ammunition and 
fuel, the number and sex of the passengers, the nature of the cargo, 
etc. Tested by evidence of this character the question as to whether 
an armament on a merchant vessel is intended solely for defensive 
purposes may be readily answered and the neutral government should 
regulate its treatment of the vessel in accordance with the intended 
use of the armament. 

This 'Government considers that in permitting a private vessel 
having a general cargo, a customary amount of fuel, an average crew, 
and passengers of both sexes on board, and carrying a small arma- 
ment and a small amount of ammunition, to enjoy the hospitality of 
an American port as a merchant vessel, it is in no way violating its 
duty as a neutral. Nevertheless it is not unmindful of the fact that 
the circumstances of a particular case may be such as to cause em- 
barrassment and possible controversy as to the character of an armed 



120 DIPLOMATIC CORRESPONDENCE BETWEEN 

private vessel visiting its p'orts. Recognizing, therefore, the desira- 
bility of avoiding a ground of complaint this Government, as soon as 
a case arose, while frankly admitting the right of a merchant vessel 
to carry a defensive armament, expressed its disapprobation of a prac- 
tice which compelled it to pass upon a vessel's intended use, which 
opinion if proven subsequently to be erroneous might constitute a 
ground for a charge of unneutral conduct. 

As a result of these representations no merchant vessels with arma- 
ments have visited the ports of the United States since the 10th of 
September. In fact from the beginning of the European war but two 
armed private vessels have entered or cleared from ports of this 
country and as to these vessels their character as merchant vessels 
was conclusively established. 

Please bring the foregoing to the attention of the German Gov- 
ernment and in doing so express the hope that they will also prevent 
their merchant vessels from entering the ports of the United States 
carrying armaments even for defensive purposes though they may 
possess the right to do so by the rules of international law. 

Lansing. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, February 14, 1916. 
Sir : I have the honor to transmit to you herewith three copies of 
the memorandum of the Imperial German Government on the treat- 
ment of armed merchantmen, dated February 8, 1916, which formed 
the subject of my telegrams No. 3467, of the 9th, and No. 3474, of the 
10th instant. There are likewise inclosed a translation of the text of 
the memorandum and a copy and translation of the note verbale from 
the Imperial Foreign Office, dated February 10, 1916, with which the 
memorandum was transmitted to me. 

I have, etc., James W. Gerard. 

[Inclosure 1 — Translation.] 

Foreign Office, 
Berlin, February 10, 1916. 

NOTE VERBALE. 

The Foreign Office has the honor to transmit herewith to the 
Embassy of the United States of America three copies of a memoran- 



THE UNITED STATES AND GERMANY 121 

dum of the Imperial German Government on the treatment of armed 
merchantmen, with inclosures, and to request that the Embassy be 
good enough to bring the essential contents of the memorandum to 
the knowledge of its Government by telegraph, informing it at the 
time that the order to the German naval forces mentioned in Section 
IV, No. 1, of the memorandum will not be carried into effect until 
the 29th instant, in the interest of neutrals already on board armed 
merchant vessels. 



[Inclosure 2 — Translation.] 

MEMORANDUM OF THE IMPERIAL GERMAN GOVERNMENT ON THE 
TREATMENT OP ARMED MERCHANTMEN. 

I. 

1. Even before the outbreak of the present war the British Gov- 
ernment had given English shipping companies the opportunity to 
arm their merchant vessels with guns. On March 26, 1913, Winston 
Churchill, then First Lord of the Admiralty, made the declaration in 
the British Parliament (Exhibit 1) that the Admiralty had called 
upon the shipowners to arm a number of first-class liners for protec- 
tion against danger menaced in certain cases by fast auxiliary cruisers 
of other powers ; the liners were not, however, to assume the char- 
acter of auxiliary cruisers themselves. The Government desired to 
place at the disposal of the shipowners the necessary guns, sufficient 
ammunition, and suitable personnel for the training of the gun crews. 

2. The English shipowners have readily responded to the call of 
the Admiralty. Thus Sir Owen Philipps, president of the Royal 
Mail Steam Packet Company, was able to inform the stockholders 
of his company in May, 1913, that the larger steamers of the company 
were equipped with guns; furthermore, the British Admiralty pub- 
lished in January, 1914, a list, according to which twenty-nine steam- 
ers of various English lines carried guns aft. 

3. As a matter of fact, German cruisers ascertained soon after 
the outbreak of the war that English liners were armed. For example, 
the steamer La Correntina, of the Houlder Line, of Liverpool, which 
was captured by the German auxiliary cruiser Kronprinz Friedrich 
Willielm on October 7, 1914, had two 4.7-inch guns aft. On February 
1, 1915, a German submarine was shelled in the Channel by an 
English yacht. 

II. 

1. With regard to the legal character of armed merchantmen in 
international law, the British Government has taken the position in 
respect of its own merchantmen that such vessels retain the char- 



122 DIPLOMATIC CORRESPONDENCE BETWEEN 

acter of peaceable merchant vessels as long as they carry the arms 
for defensive purposes only. In accordance with this, the British 
Ambassador at Washington, in a note dated August 25, 1914 (Exhibit 
2), gave the American Government the fullest assurances that British 
merchant vessels were never armed for purposes of attack, but solely 
for defense, and that they consequently never fire unless first fired 
upon. On the other hand, the British Government set up the prin- 
ciple for armed vessels of other flags that they are to be treated as 
war vessels. Number 1 of Order 1 of the Prize Court Rules, promul- 
gated by the Order in Council of August 5, 1914, expressly provides 
"ship of war shall include armed ship." 

2. The German Government has no doubt that a merchantman 
assumes a warlike character by armament with guns, regardless of 
whether the guns are intended to serve for defense or attack. It con- 
siders any warlike activity of an enemy merchantman contrary to 
international law, although it accords consideration to the opposite 
view by treating the crew of such a vessel not as pirates but as bellig- 
erents. The details of its position are set forth in the memorandum 
on the treatment of armed merchantmen in neutral ports (Exhibit 3) 
communicated to the American Government in October, 1914, the 
contents of which were likewise communicated to other neutral powers. 

3. Some of the neutral powers have accepted the position of the 
British Government and therefore permitted armed merchantmen of 
the belligerent powers to stay in their ports and shipyards without 
the restrictions which they had imposed on ships of war through 
their neutrality regulations. Some, however, have taken the contrary 
view and subjected armed merchantmen of belligerents to the neu- 
trality rules applicable to ships of war. 



III. 

1. During the course of the war the armament of English mer- 
chantmen has been more and more generally carried out. From 
reports of the German naval forces numerous cases became known in 
which English merchantmen not only offered armed resistance to 
the German war vessels, but proceeded to attack them on their own 
initiative, and in so doing they frequently even made use of false 
flags. A list of such cases is found in Exhibit 4, which from the 
nature of the matter can include only a part of the attacks which 
were actually made. It is also shown by this list that the practice 
described is not limited to English merchantmen, but is imitated by 
the merchantmen of England's allies. 

2. The explanation of the action of the armed English merchant- 
men described is contained in Exhibits 5 to 12, which are photographic 
reproductions of confidential instructions of the British Admiralty 
found by German naval forces on captured ships. These instructions 
regulate in detail artillery attack by English merchantmen on Ger- 



THE UNITED STATES AND GERMANY 123 

man submarines. They contain exact regulations touching the recep- 
tion, treatment, activity, and control of the British gun crews taken 
on board merchantmen ; for example, the crew are not to wear uni- 
form in neutral ports and thus plainly belong to the British Navy. 
Above all it is shown by the instructions that these armed vessels 
are not to await any action of maritime war on the part of the Ger- 
man submarines, but are to attack them forthwith. In this respect 
the following regulations are particularly instructive: 

a. The instructions for guidance in the use, care, and maintenance 
of armament in defensively armed merchant ships (Exhibits 5 and 6) 
provide in the section headed " Action, " in paragraph 4: "It is not 
advisable to open fire at a range greater than 800 yards unless the 
enemy has already opened fire." From this it is the duty of the 
merchantman in principle to open fire without regard to the attitude 
of the submarine. 

b. The instructions regarding submarines applicable to vessels 
carrying a defensive armament (Exhibits 9 and 10) prescribe under 
Number 3 "If a submarine is obviously pursuing a ship by day and 
it is evident to the master that she has hostile intentions, the ship 
pursued should open fire in self-defense, notwithstanding the sub- 
marine may not have committed a definite hostile act such as firing a 
gun or torpedo." From this also the mere appearance of a sub- 
marine in the wake of a merchantman affords sufficient occasion for 
an armed attack. 

In all these orders, which do not apply merely to the zone of 
maritime war around England, but are unrestricted as regards their 
validity (see Exhibit 12 for the Mediterranean), the greatest emphasis 
is laid on secrecy, plainly in order that the action of merchantmen, 
in absolute contradiction of international law and the British assur- 
ances (Exhibit 2) might remain concealed from the enemy as well 
as the neutrals. 

3. It is thus made plain that the armed English merchantmen 
have official instructions to attack the German submarines treacher- 
ously wherever they come near them, that is to say orders to conduct 
relentless warfare against them. Since England's rules of maritime 
war are adopted by her allies without question the proof must be 
taken as demonstrated in respect of the armed merchantmen of the 
other enemy countries also. 



IV. 

In the circumstances set forth above enemy merchantmen armed 
with guns no longer have any right to be considered as peaceable 
vessels of commerce. Therefore the German naval forces will receive 
orders, within a short period paying consideration to the interests of 
the neutrals, to treat such vessels as belligerents. 

The German Government brings this status of affairs to the knowl- 
edge of the neutral powers in order that they may warn their nations 



124 DIPLOMATIC CORRESPONDENCE BETWEEN 

against continuing to intrust their persons or property to armed 
merchantmen of the powers at war with the German Empire. 
Berlin, February 8, 1916. 



Exhibit 1. 

declaration of the fibst lobd of the admiralty, winston chubchill, at! 
the session of the bbitish lower house of march 26, 1913. 

(Parliamentary Debates, Official Report, 3d Session of the 30th Parliament, 
House of Commons, 1913, Bd. 1 S. 1776 bis 1776.) 

I turn to one aspect of trade protection which requires special reference. 
It was made clear at the second Hague Conference and the London Conference, 
that certain of the great powers have reserved to themselves the right to convert 
merchant steamers into cruisers, not merely in national harbors, but if neces- 
sary on the high seas. There is now good reason to believe that a considerable 
number of foreign merchant steamers may be rapidly converted into armed ships 
by the mounting of guns. The sea-borne trade of the world follows well-marked 
routes upon nearly all of which the tonnage of the British mercantile marine 
largely predominates. Our food-carrying liners and vessels carrying raw material 
following these trade routes would in certain contingencies meet foreign vessels 
armed and equipped in the manner described. If the British ships had no arma- 
ment, they would be at the mercy of any foreign liner carrying one effective gun 
and a few rounds of ammunition. It would be obviously absurd to meet the 
contingency of considerable numbers of foreign armed merchant cruisers on the 
high seas by building an equal number of cruisers. That would expose this 
country to an expenditure of money to meet a particular danger, altogether 
disproportionate to the expense caused to any foreign power in creating that 
danger. Hostile cruisers, wherever they are found, will be covered and met 
by British ships of war, but the proper reply to an armed merchantman is 
another merchantman armed in her own defense. 

This is the position to which the Admiralty have felt it necessary to draw 
the attention of leading shipowners. We have felt justified in pointing out to 
them the danger to life and property which would be incurred if their vessels 
were totally incapable of offering any defense to an attack. The shipowners have 
responded to the Admiralty invitation with cordiality, and substantial progress 
has been made in the direction of meeting it by preparing a defensive measure 
to equip a number of first-class British liners to repel the attack of armed 
foreign merchant cruisers. Although these vessels have, of course, a wholly 
different status from that of the regularly commissioned merchant cruisers, such 
as those we obtain under the Cunard agreement, the Admiralty have felt that 
the greater part of the cost of the necessary equipment should not fall upon 
the owners, and we have decided, therefore, to lend the necessary guns, to supply 
ammunition, and to provide for the training of members of the ship's company 
to form the guns crews. The owners on their part are paying the cost of the 
necessary structural conversion, which is not great. The British mercantile 
marine will, of course, have the protection of the Royal Navy under all possible 
circumstances, but it is obviously impossible to guarantee individual vessels 
from attack when they are scattered on their voyages all over the world. No one 
can pretend to view these measures without regret, or without hoping that the 
period of retrogression all over the world which has rendered them necessary, 
may be succeeded by days of broader international confidence and agreement, 
than those through which we are now passing. 



THE UNITED STATES AND GERMANY 125 

Exhibit 2. 

extract from the official publication of the department of state of the 
united states of america. 

" European War No. 2, Diplomatic Correspondence with Belligerent Governments 
Relating to Neutral Rights and Duties." Page 41. 1 

The British Ambassador to the Secretary of State. 
No. 289.] British Embassy, 

Washington, August 25, 1914. 
Sir: With reference to Mr. Barclay's notes Nos. 252 and 259 of the 4th and 
9th of August, respectively, fully explaining the position taken up by His 
Majesty's Government in regard to the question of armed merchantmen, I have 
the honor, in view of the fact that a number of British armed merchantmen will 
now be visiting United States ports, to reiterate that the arming of British 
merchantmen is solely a precautionary measure adopted for the purpose of 
defense against attack from hostile craft. 

I have at the same time been instructed by His Majesty's Principal Secretary 
of State for Foreign Affairs to give the United States Government the fullest 
assurances that British merchant vessels will never be used for purposes of 
attack, that they are merely peaceful traders armed only for defense, that they 
will never fire unless first fired upon, and that they will never under any cir- 
cumstances attack any vessel. 
I have, etc., 

Cecil Spring Rice. 

Exhibit 3. 

memorandum of the german government concerning the treatment of 
armed merchant vessels in neutral ports, of october 13, 1914. 

" An official notice appearing in the Westminster Gazette of September 21, 
1914, states that the Department of State at Washington has ruled that ships 
of belligerent nations when equipped with ammunition and armament shall be 
treated nevertheless, while in American ports, as merchant ships, provided the 
armament serves for defensive purposes only. This ruling wholly fails to comply 
with the principles of neutrality. The equipment of British merchant vessels 
with artillery is for the purpose of making armed resistance against German 
cruisers. Resistance of this sort is contrary to international law, because in 
a military sense a merchant vessel is not permitted to defend itself against a 
war vessel, an act of resistance giving the warship the right to send the mer- 
chant ship to the bottom with crew and passengers. It is a question whether 
or not ships thus armed would be admitted into ports of a neutral country at all. 
Such ships, in any event, should not receive any better treatment in neutral ports 
than a regular warship, and should be subject at least to the rules issued by 
neutral nations restricting the stay of a warship. If the Government of the 
United States considers that it fulfills its duty as a neutral nation by confining 
the admission of armed merchant ships to such ships as are equipped for defen- 
sive purposes only, it is pointed out that so far as determining the warlike 
character of a ship is concerned, the distinction between the defensive and offen- 
sive is irrelevant. The destination of a ship for use of any kind in war is 
conclusive, and restrictions as to the extent of armament afford no guarantee 
that ships armed for defensive purposes only will not be used for offensive pur- 
poses under certain circumstances." 

1 American Journal of International Law, Special Supplement, July, 1915, 
p. 230. 



126 DIPLOMATIC CORRESPONDENCE BETWEEN 

Exhibit 4. 

[Translation.] 

DIGEST OF CASES IN WHICH ENEMY MERCHANT SHIPS HAVE FIRED 
ON GERMAN OR AUSTRO-HUNGARIAN SUBMARINES. 




1915 
Apr. 11 



Apr. 28 



May 29 



June 3 



June 14 



South North Sea, 
near the Nord- 
hinder lightship. 



North Sea, about 
60 nautical 
miles N.E. of 
the mouth of 
the Tyne. 



West entrance to 
the English 
Channel, near 
Ouessant ( Ush- 
ant Island ) . 

West entrance to 
the English 
Channel, 50 nau- 
tical miles south 
of the Scilly 
Isles. 

West of the Heb- 
rides (about 30 
nautical miles 
off Lewis). 



Nationality and 
name of the ship. 



Unknown steamer. 



Unknown steamer 
of medium size. 



English S. S. De- 
merara. 



Unknown steamer. 



Two unknown 

steamers. 



Particulars of surrounding 
circumstances. 



Steamer without a flag. 
Steamer saw periscope ; 
opened gunfire at about 
3,000 meters and turned on 
U . . . Report of the shells 
could be heard near the 
boat (about 15 or 20 
shots ) . 

Steamer was sighted running 
onward ; suddenly opened 
fire at about 3,000 meters 
without hoisting flag. On 
account of her head-on 
position it could not be 
seen whether she bore 
neutral marks. From the 
impact of the shots the 
guns were from 5 to 7 cen- 
timeters. U . . . escaped 
the well-directed fire by 
speedily submerging. 

U . . . chased the steamer 
and tried when 4,500 
meters off to bring her to 
a halt by firing warning 
guns. Steamer turned off 
and returned the fire. 

U . . . tried to bring the 
steamer to a halt by firing 
warning shots with her 
artillery. The steamer re- 
turned the fire with a poop 
gun. 

The two steamers were run- 
ning close together — at 
about 4,000 meters — both 
opened fire on U . . . with 
small caliber poop guns. 
Shots hit sideways very 
bad. Speedy submerging, 
running deep; so subma- 
rine attack hopeless. 



THE UNITED STATES AND GERMANY 



127 




Aug. 14 



Aug. 18 



Sept. 10 



Oct. 7 



Irish Sea. 



Bristol Channel. 



Western Mediter- 
ranean. 



Nationality and 
name of the ship. 



Large English 
steamer of the 
Royal Mail Line. 



Unknown steamer. 



Particulars of surrounding 
circumstances. 



do. 



Middle Mediterra- 
nean. 



Nov. 3 



Western Mediter- 
ranean. 



French S. S. Ami- 
ral Hametin. 



English transport 
steamer Wood- 
field. 



Nov. 5 



Western Mediter- 
ranean. 



Unknown steamer. 



U . . . was fired on suddenly 
by the steamer without 
provocation from a dis- 
tance of 8,000 meters. 
Shots fell short. No at- 
tack was attempted on the 
steamer. 
Tried to bring steamer to a 
halt by gunfire after warn- 
ing. When steamer saw 
that U boat was waiting 
she suddenly opened fire 
with a gun from the 
promenade deck. 
A steamer was challenged to 
show her flag; she turned 
away without hoisting the 
flag and opened fire with 
a 10-centimeter poop gun 
on the U boat, which es- 
caped the firing by speed- 
ily submerging. 
U . . . signaled the steamer 
to stop; she turned away 
and ran on a zigzag course. 
The U boat tried to bring 
the steamer to a halt by 
artillery fire; when about 
3,000 meters distant she 
returned the fire. It was 
some time before the 
steamer stopped. She was 
sunk later. 
The steamer did not stop at 
the warning gun. At a 
distance of 6,000 meters 
she returned the fire with 
a small gun. She was 
forced to stop by artillery 
fire and her crew list 
showed that the steamer 
carried gunners and en- 
listed men of the navy as 
members of her crew. 
A large steamer was chased 
by U . . . after being chal- 
lenged in vain. The 
steamer returned the fire 
with a large gun. The 
chase had to be given up. 



128 DIPLOMATIC CORRESPONDENCE BETWEEN 



Date. 



Nov. 6 



Nov. 11 



Nov. 30 




Eastern Mediter- 
ranean. 



Western Mediter- 
ranean. 



Nationality and 
name of the ship 



English tank 
steamer Lumina. 



English S. S. City 
of Marseille. 



Dec. 8 



Dec. 13 



Dec. 14 



Middle Mediterra- 
nean. 



Eastern Mediterra- 
nean. 



Middle Mediterra- 
nean. 



do. 



Unknown steamer. 



do. 



Unknown English 
steamer. 



Unknown steamer. 



Particulars of surrounding 
circumstances. 



The steamer was challenged 
to stop by a warning gun. 
She turned about, ran 
away, and returned the 
fire with a poop gun. She 
was compelled to stop by 
artillery fire and later was 
sunk. 

U . . . after warning tried to 
stop a large freight steamer 
by artillery fire. The 
steamer turned away and 
returned the fire with two 
guns of about 10 centime- 
ters. The U boat had to 
give up the chase; the 
steamer got away. A press 
telegram of January 1, 
1916, from Bombay told 
the incident in detail; the 
steamer claimed she had 
sunk the U boat. 

U . . . after a warning gun 
tried to stop a large 
steamer by artillery fire. 
The steamer turned away 
and returned the fire with 
a small gun. 

The steamer was approached 
under water. She fired 
with a poop gun on the 
periscope as soon as it 
emerged. 

U . . . tried to stop by artil- 
lery fire a large steamer 
with poop guns that 
showed no flag. The 
steamer hoisted the Eng- 
lish flag and returned the 
fire with two guns. 

U. . .approached the 
steamer which stopped at 
sight of the boat and 
ordered her to show her 
flag. The steamer speeded 
away keeping up a brisk 
fire from a poop gun. 



THE UNITED STATES AND GERMANY 



129 



Date. 



1916 
Jan. 17 



Place. 



do. 



Jan. 17 



do. 



Nationality and 
name of the ship. 



do. 



English S. S. Me- 
lanie. 



Particulars of surrounding 
circumstances. 



U . . . ordered a steamer 
apparently in ballast, that 
was sighted on a westerly 
coast, to stop. The 
steamer turned about, ran 
away, and fired with a 
poop gun. 

U . . . signalled a flush- 
decked freight steamer 
with raised forecastle and 
cabin of about 3,000 tons, 
sailing under the Dutch 
flag, to send a boat and 
have the ship's papers ex- 
amined. This was done 
rafter a while. As U . . . 
which for safety's sake had 
gone under, came to the 
surface about 1,000 meters 
away from the steamer 
near the ship's boat, the 
steamer opened fire with 
two guns of medium cali- 
ber and machine guns so 
briskly that the U . . . 
barely saved herself by 
speedily submerging. 
Throughout the action, 
the steamer displayed the 
Dutch flag; she bore the 
name of Melanie which is 
found not in the Dutch, 
but in the English marine 
list. 



Exhibit 5. 

[Exhibit 5 is a duplicate of Exhibit 6, with the following modifications: 
The side note to paragraphs 1-5 under the heading " General " reading " not 
applicable to ocean-going vessels permanently armed " does not appear in Exhibit 
5 ; a clause reading " in one of the officers' messes " has been omitted in Exhibit 6 
after the word "but" in paragraph 5 of the same heading; and paragraph 6 
with its subdivisions i and ii have been added in Exhibit 6 under the heading 
" Instructions for Carrying and Firing Practice." — Ed.] 





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130 DIPLOMATIC CORRESPONDENCE BETWEEN 

Exhibit 6. 
(Found on the English Steamer Woodfield.) 
Confidential. 

INSTRUCTIONS FOB GUIDANCE IN THE USE, CARE, AND MAINTENANCE OF ARMAMENT 
IN DEFENSIVELY ARMED MERCHANT SHIPS. 

General. 

pP . ( 1. Ratings embarked as gun's crew will sign the ship's articles at 

3 H the rate of pay communicated. 

^ S 2. They are to obey the orders of the master and officers of the ship. 

If they think it necessary to make a complaint against any order, they 
are to obey the order and make their complaint in writing, asking that 
it may be forwarded to the proper authorities. 

3. The ratings are not required for duties unconnected with the arma- 
ment except in case of emergency, but they are to assist at all times in the 
welfare of the ship and look after the cleanliness of their berths. 

4. They are to keep watch and watch at sea, and also when the ship is 
anchored in any place liable to attack by submarines. 

5. They will receive their pay through the master of the ship. They 
will not mess with the crew, but as the master may decide. 

6. " Uniform is not to be worn in neutral ports. 

7. A brief report is to be rendered by the senior rating on the 1st of each 
month, countersigned by the master, and sent to: 

The Director of Trade Division, 
Admiralty, Whitehall, S. W. 

Drill and Maintenance of Gun. 

8. The ratings embarked are entirely responsible for the efficiency in all 
respects of the gun and ammunition, which should be ready clay and night. 

9. The senior rating is to arrange with the master to detail the necessary 
additional men to complete the gun's crew up to the numbers required by the 
drill book. 

10. One of the ratings is to act as gun layer and the other as breech worker. 
The remaining numbers should be told off to act as sight setter, projectile loader, 
and cartridge loader, etc. 

11. Arrangements are to be made with the master to detail a sufficient num- 
ber of hands, over and above the gun's crew, to supply ammunition to the gun 
on going into action. 

12. A ready supply of ten complete rounds, with percussion tubes in the 
cartridges, is to be kept at the gun day and night. Care should be taken that 
a supply of one percussion tube to each cartridge is kept aside for action, and 
this supply of tubes is never to be encroached on for practice firing. 

13. The senior rating should arrange with the master for the instruction of 
the ratings told off as gun's crew and ammunition supply party. 

14. A drill book is supplied for information, but it is not necessary that the 
gun's crew should be burdened with details, provided that they understand what 
is required when the gun is to be fought. 

15. Percussion firing should always be used, as it is the most certain means 
of discharging the gun; and therefore — 

(a) Cartridges, in ready supply only, should be kept ready tubed with per- 



THE UNITED STATES AND GERMANY 131 

cussion tubes. Tubes not required for ready supply of cartridges should be 
retained in their sealed boxes to preserve them from damp. 

(b) Aiming practice with a percussion lanyard should be carried out daily. 
It is not necessary to fire a tube in this practice, but the breech worker should 
be exercised at the same time in cocking the striker while the breech is open 
and in hooking on the firing lanyard and passing it to the gun layer. 

Note. — The present allowance of percussion tubes is one per cartridge. Electric 
firing mechanism and batteries are therefore to be kept efficient in every respect 
in case the supply of percussion tubes becomes insufficient from damp or other 
causes. 

16. Great attention is to be paid to the ready supply of ammunition to 
keep it clean and dry. If tubes and cartridges are not kept dry there is con- 
siderable danger of hanging fire. The projectiles are to be lightly oiled. In case 
the cartridges are suspected to have become wet they should be laid aside until 
return to harbor. 

17. For the maintenance of the gun and mounting it is to be borne in mind 
that " lubrication is the secret of efficiency in gun machinery." All oil channels 
should be seen clear of vaseline and filled with oil. It is to be remembered that 
vaseline is a preservative only; oil is a lubricant. 

Each morning and evening the bore is to be seen clear, recoil cylinders filled, 
striker protrusion gauged, and the gun trained and elevated to both extremes. 
The gun is to be cleaned twice a day, gear being supplied by the master. 
Brickdust is not to be used on machined surfaces. 

Action. 

The master is responsible for handling the ship and for opening and ceasing 
fire. He has been furnished with instructions which will enable him to do this 
to the best advantage. The duty of the gun's crew is to fight the gun under 
the general direction of the master, who will communicate to them so much 
of the instructions as he may consider necessary to enable them to fight the 
gun to the best advantage. 

In action the following instructions should be carried out: 

( 1 ) When in submarine waters everything should be in a state of readiness, 
but the gun should not be kept actually loaded. 

(2) When the enemy is engaged — 

(a) The point of aim should be the center of the water line. 

(b) It is to be remembered that "over" shots are useless. A short shot by 
causing a splash confuses the enemy. It may ricochet into the enemy. If the 
shell bursts on striking the water, as it usually does, some fragments are likely 
to hit the enemy. To get the best results at least half of the shots fired should 
fall short. 

(3) The master will probably keep the submarine astern, so that little 
deflection will be necessary. 

(4) It is not advisable to open fire at a range greater than 800 yards, unless 
the enemy has already opened fire, for the following reasons: 

(a) The ammunition supply is limited. 

(6) Accurate shooting under probable existing conditions cannot be expected 
at greater ranges. 

(5) When in action and a miss fire occurs with a percussion tube, the fol- 
lowing procedure is to be adopted: 

(o) The B. M. lever is to be tapped to insure it is closed. 

(b) The striker is to be recocked. 

If the gun does not then fire, the striker is to be taken out to insure that the 



132 DIPLOMATIC CORRESPONDENCE BETWEEN 

point is not broken. If unbroken, the breech is to be opened and the cartridge 
is to be thrown overboard, it having been ascertained that the percussion tube 
has been inserted. 

The gun is then to be reloaded. 

Instructions for Carrying out Firing Practice. 

1. In order to insure that the gun is maintained in an efficient condition, 
one round is to be fired every two months. 

2. In order to prevent false alarms it is essential that the firing referred 
to in paragraph 1 shall take place in clear weather and out of sight of land 
and of other ships. 

3. If convenient a cask or other suitable object should be dropped as a 
target, and the gun should be fired when the range is about 800 yards. 

4. The gun's crew and ammunition supply party should be exercised on the 
day previous to the practice, and also immediately before firing. 

5. Before practice firing the following procedure is to be carried out: 
(a) Recoil cylinders and tanks are to be seen filled. 

(6) Bore is to be seen clear. 

(c) Moveable objects in the way of blast from the gun are to be removed. 

(d) The striker is to be examined to see — 

(1) That sheath net is screwed up and keep pin in place and intact. 

(2) That needle set and check-nuts are screwed up. 

(3) That striker does not protrude with B. M. lever in open position. 

(4) That striker does not move forward till marks on breech block and gun 
are in line. 

(5) That safety stop is correct and keep-screw is in place. 

(6) In guns fitted with "A" breech mechanism, the mechanism is never 
to be taken apart. 

Paragraphs (1), (2), and (5) do not apply, but the following should be 
seen to: 

(i) The nut retaining striker must be seen screwed up and keep-screw in 
place. 

(ii) The needle retaining-nut should be seen screwed up taut. 
Admiralty, 

7 May, 1915. 

Exhibit 7. 
(Found on the English Steamer Woodfield.) 
Confidential. 

ADDENDA TO INSTRUCTIONS FOR GUIDANCE IN THE USE, CARE, AND MAINTENANCE 
OF ARMAMENT IN DEFENSIVELY ARMED MERCHANT SHIPS. 

1. The master should arrange wherever possible that the space in the imme- 
diate vicinity of the gun is railed oft", and passengers and other unauthorized 
persons should not be allowed near the gun. 

2. A notice to this effect should be posted up near the gun. 

3. When the ship is in harbor, one of the two ratings is always to be on 
board to keep guard on the gun and ammunition, and the master is to use his 
discretion as to keeping both ratings on board, should he consider such a course 
to be desirable. 

4. The gun is to be kept covered at all times when not in use. 



THE UNITED STATES AND GERMANY 133 

5. Whenever the ships anchor in the vicinity of a man-of-war, a request 
should be made to the commanding officer of the man-of-war for an armorer 
to inspect the gun and mounting. 
Admiralty, 

27 May, 1915. 

Exhibit 8. 

(Found on the English Steamer Woodfield.) 

DBILL BOOK FOB 12-PB. Q. F. GUNS ISSUED TO DEFENSIVELY ARMED MERCHANT SHIPS, 
ADMIBALTY, GUNNERY BBANCH. 

(G. 6118/15. May 1915.) 



[Translation.] 

Note: The contents of this Drill Book have only a military interest. 

Exhibit 9. 

[Exhibit 9 is a duplicate of Exhibit 10 down to paragraph 6 of the latter. 
Exhibit 9 bears No. 45 and is dated 25th February, 1915. — Ed.] 

Exhibit 10. 

(Found on the English Steamer Woodfield.) 
Confidential. No. 291. 

IN NO CIRCUMSTANCES IS THIS PAPER TO BE ALLOWED TO FALL INTO THE HANDS 

OF THE ENEMY. 

This paper is for the master's personal information. It is not to be copied, 
and when not actually in use is to be kept in safety in a place where it can be 
destroyed at a moment's notice. 

Such portions as call for immediate action may be communicated verbally 
to the officers concerned. 

April, 1915. 
INSTRUCTIONS REGARDING SUBMARINES APPLICABLE TO VESSELS CARRYING A 
DEFENSIVE ARMAMENT. 

1. Defensively armed vessels should follow generally the instructions for 
ordinary merchant ships. 

2. In submarine waters guns should be kept in instant readiness. 

3. If a submarine is obviously pursuing a ship by day and it is evident to 
the master that she has hostile intentions, the ship pursued should open fire in 
self-defense, notwithstanding the submarines may not have committed a definite 
hostile act, such as firing a gun or torpedo. 

4. In view of the great difficulty in distinguishing a friend from an enemy at 
night, fire should not be opened after dark unless it is absolutely certain that 
the vessel fired at is hostile. 

5. Before opening fire the British colors must be hoisted. 

It is essential that fire should not be opened under neutral colors. 



134 DIPLOMATIC CORRESPONDENCE BETWEEN 

6. If a defensively armed vessel is pursued by a submarine the master has 
two alternatives: 

(a) To open fire at long range immediately it is certain that the submarine 
is really in pursuit. 

(0) To retain fire until the submarine has closed to a range, say 800 yards, 
at which fire is likely to be effective. In view of the very great difficulty of 
distinguishing between friendly and hostile submarines at long range (one 
British submarine has already been fired at by a merchant vessel which errone- 
ously supposed herself to be pursued by the submarine), it is strongly recom- 
mended that course (b) should be adopted by all defensively armed ships. 

7. A submarine's flag is no guide to her nationality, as German submarines 
frequently fly British colors. 

8. Vessels carrying a defensive armament and proceeding to neutral ports 
must not be painted in neutral colors or wear a neutral flag. 

9. It is recommended that in neutral ports, particularly those of Spain, the 
armament should be concealed as far as possible. A canvas cover is recom- 
mended for this purpose. 

Exhibit 11. 

(Found on the English Steamer Woodfield. ) 
Secret. 

MEMORANDUM FOR ISSUE TO MASTERS OF TRANSPORTS CARRYING TROOPS. 

Use of Kifle and Machine Gun Fire by Troops on Board Transports against 
Enemy Submarines or Torpedo Craft. 

( 1 ) In daylight a submarine will probably attack while submerged with only 
her periscope showing. 

At night, in moonlight, a submarine may attack while on the surface or with 
only her conning tower above water owing to the difficulty of seeing through the 
periscope at night. 

(2) In either case heavy rifle or machine-gun fire will make it more difficult 
for a submarine to make a successful shot with a torpedo. If submerged, no 
injury will be done to her, but a good volume of fire falling just short of the 
periscope will make splashes which will render it difficult for the observer to 
see clearly through the periscope. 

(3) When a destroyer escort is accompanying a transport, troops should not 
open fire on a submarine, as it may prevent a destroyer from ramming her, nor 
should their weapons be loaded, in order to avoid the possibility of an escorting 
vessel being fired on by mistake, especially at night. 

(4) When no escort is provided, machine guns should be in readiness to 
open fire, and a strong party of riflemen should also be on duty. 

(5) Military officers should be in command both of the machine guns and 
riflemen to control the fire. 

(6) A military officer of the watch should be in command of the troops on 
deck. He should not order fire to be opened on a hostile submarine or torpedo 
vessel without the previous assent of the master or his representative — the ship's 
officer of the watch. 

(7) The object of those controlling the fire should be to keep the center of 
the pattern just short of the hostile vessel. 

(8) Machine-gun tripods can be lashed to the rails or other deck fittings. 
If there is motion on the ship and machine guns are fitted with elevating or 
training gear, it is advisable to disconnect it and point the gun by hand. 



THE UNITED STATES AND GERMANY 135 

(9) Field guns with recoil mountings might possibly be secured on deck 
in such a manner as to permit of their being fired, but their arc of training 
would be very restricted, and it is unlikely that gun layers, without previous 
training afloat, could make satisfactory practice from a ship with motion on. 
Their use is not, therefore, recommended. 

(10) In men-of-war it has been the practice for very many years to station 
sentries with ball cartridge on deck opposite the boats in the event of fire, 
collision, or other serious emergency likely to lead to the boats being required. 
Their duties are to prevent anyone getting into the boats or attempting to lower 
the boats without orders from the captain or his representative. This practice 
should be followed in transports. 

Admiralty, 

31«* May, 1915. 

Exhibit 12. 

(Found on the English Steamer Linkmoor.) 

Admiral Superintendent's Office, 

Malta, June, 1915. 

Instructions to British Merchant Vessels Passing Through the Mediterranean Sea. 

It is now certain that there are enemies submarines at sea in the Medi- 
terranean. 

In order to avoid attack you are to keep out of the track of shipping. 

You are to darken ship at night and are not to show navigation lights except, 
at discretion, to avoid collision, and all lights are to be extinguished when 
necessity is passed. 

You are to carry out the procedure recommended by the Admiralty in their 
printed instructions if a hostile submarine is sighted. 



The German Ambassador to the Secretary of State. 

German Embassy, 
Washington, February 29, 1916. 
My dear Mr. Secretary: 

With reference to our conversation of yesterday I beg to state 
that, according to wireless information which I received from my 
Government, English newspapers, amongst others the London Times 
and Daily Graphic, dealing with the question of armed merchant- 
men, openly declare that British merchantmen have no intention to 
conform even to the American viewpoint which permits arming of 
merchantmen for purposes of defense only. 

The naval correspondent of the London Times, in the edition of 
February 10, admits that steamers Kashgar, City of Marseille, and 
the French steamer Plata opened fire on submarines after sighting 
them. The correspondent then, referring to the episode of the Clan 
McTavish, says that it did not meet deserved success, but that it 
shows the readiness with which merchantmen can " attack." 



136 DIPLOMATIC CORRESPONDENCE BETWEEN 

Likewise Daily Graphic in an article of February 12th, dealing 
with the same question, says: "Let it be understood that we shall not 
limit our action to defensive measures." A similar utterance is 
reported about in the Daily Graphic of February 22d. 

On the other hand the semi-official North German Gazette on Feb- 
ruary 26th, referring to President Wilson's letter to Senator Stone, 
as viewed by Renter, publishes the following article : 

The principles stated in the German memorandum are by no 
means opposed to international law, for secret orders of the British 
Admiralty published in the memorandum expressly instruct armed 
British merchantmen to not only defend themselves but to attack also. 
Numerous incidents quoted in the memorandum give further proof 
that the ships follow this instruction. Such vessels according to inter- 
national law cease to be peaceful trading ships. On the other hand 
the precedent taken by our enemies appears as gross breach of law 
of nations, since they through merchantmen commit acts of warfare 
that only a real man-of-war is entitled to. If President Wilson in his 
letter to Senator Stone says that announced measures against armed 
enemy merchant ships are contrary to express assurances given by 
Germany and Austro-Hungary, this is apparently caused by mis- 
understanding. For these assurances referred only to peaceful liners 
and not to such ships whose armament is connected with aggressive 
purposes. These misunderstandings were apparently caused by the 
fact that the memorandum with annexes is not yet in the hands of 
the American Government and that therefore the President is so far 
unable to examine both. 

I am, etc., J. Bernstorff. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, April 11, 1916. 
Sir: I have the honor to transmit herewith to the Department a 
copy and translation of a Note Verbale, dated April 11, 1916, received 
from the Imperial Foreign Office, inclosing a copy of an official order 
said to have been issued by the English Admiralty for armed English 
merchant vessels for the event of meeting submarines, which order 
was found on the English steamer Appam brought in as a prize by 
the German ship Moewe. 

The substance of this note is to-day being cabled to the Depart- 
ment. 

I am, etc., For the Ambassador, 

J. C. Grew. 



THE UNITED STATES AND GERMANY 137 

[ In closure — Translation. ] 

No. IHa. 6499. Foreign Office, 

59362. Berlin, April 11, 1916. 

NOTE VERBALE. 

The Foreign Office has the honor to transmit herewith to the 
Embassy of the United States of America a copy of an official order 
issued by the English Admiralty for armed English merchant vessels 
for the event of meeting submarines. The order was found on board 
the English steamer Appam, brought in as a prize by His Majesty's 
ship Moewe. 

It is evident from this official order also that the English mer- 
chant vessels are to proceed aggressively against any submarine which 
comes in sight; it is therefore likewise in conflict with the assertion 
of the British Government that English merchant vessels are only 
armed for defense. 

The Foreign Office begs to request the Embassy to acquaint its 
Government of the above. 

[Subinclosure.] 

Any submarine approaching a merchant vessel may be treated as 
hostile. Gunfire from the latest submarines is effective in fine weather 
and at close range. If chased by submarine armed with gun, first 
attempt to escape ; if this proves impossible, turn and steer straight 
for submarine before she gets close enough to use her guns effectively. 
It is believed that German submarine must get into a position nearly 
end on in order to fire a torpedo. In submarine waters all ships 
should proceed at utmost speed ; fast ships whose speed exceeds ten 
knots should zigzag, course being altered at short and irregular inter- 
vals unless proximity of other vessels makes this unsafe for naviga- 
tion. Under water speed of submarine is low and zigzaging makes 
it difficult for it to get into position to deliver surprise attack. Wire- 
less warnings sent out from Saintjust and Valencia at 3 and 9 a. m. 
and p. m. in M. V. Code will tell you where submarines are active, 
but should necessity arise warnings may be sent at any time. German 
submarines are fitted with wireless. No wireless signals except in 
emergency are allowed within 100 miles from British coast. 

Most important to make landfall after dark and when position is 
verified give coast a wide berth. Submarines can operate as surface 
boats at night; all unnecessary lights therefore increase the danger. 
The presence of a ship may be disclosed to a submarine by the undue 
use of a siren. 

Instruction from Admiralty Secret. 

(Signature illegible.) 

13. 6. 15. 



138 DIPLOMATIC CORRESPONDENCE BETWEEN 

Part VI. 
SUPPLIES FOR BELLIGERENT VESSELS. 

The Acting Secretary of State to the German Ambassador* 

Department of State, 
Washington, September 19, 1914. 
Dear Mr. Ambassador: 

I am inclosing for your information two memoranda, which the 
Department has issued to-day and which define the general rules 
which this Government will follow in dealing with cases involving 
the status of armed merchant vessels visiting American ports, and 
with cases of merchant vessels suspected of carrying supplies to 
belligerent warships from American ports. 

I am, etc., Robert Lansing. 



[Inclosure 1.] 2 
[Inclosure 2.] 

MERCHANT VESSELS SUSPECTED OP CARRYING SUPPLIES TO BELLIGERENT 

VESSELS. 

1. A base of operations for belligerent warships is presumed when 
fuel or other supplies are furnished at an American port to such 
warships more than once within three months since the war began, 
or during the period of the war, either directly or by means of naval 
tenders of the belligerent or by means of merchant vessels of belliger- 
ent or neutral nationality acting as tenders. 

2. A common rumor or suspicion that a merchant vessel laden with 
fuel or other naval supplies intends to deliver its cargo to a belliger- 
ent warship on the high seas, when unsupported by direct or circum- 
stantial evidence, imposes no duty on a neutral government to detain 
such merchant vessel even for the purpose of investigating the rumor 
or suspicion, unless it is known that the vessel has been previously 
engaged in furnishing supplies to a belligerent warship. 

3. Circumstantial evidence, supporting a rumor or suspicion that 
a merchant vessel intends to furnish a belligerent warship with fuel 

1 Same to the British, French, and Japanese Ambassadors in Washington, 
and the Belgian Minister. 

2 Inclosure No 1 printed under section "Armed Merchant Vessels," p. 116. 



THE UNITED STATES AND GERMANY 139 

or other supplies on the high seas, is sufficient to warrant detention 
of the vessel until its intention can be investigated in the following 
cases : 

(a) "When a belligerent warship is known to be off the port at 
which the merchant vessel is taking on cargo suited for naval sup- 
plies, or when there is a strong presumption that the warship is off 
the port. 

(&) When the merchant vessel is of the nationality of the bel- 
ligerent whose warship is known to be off the coast. 

(c) When a merchant vessel which has on a previous voyage be- 
tween ports of the United States and ports of other neutral States 
failed to have on board at the port of arrival a cargo consisting of 
naval supplies shipped at the port of departure seeks to take on board 
a similar cargo. 

(d) When coal or other supplies are purchased by an agent of a 
belligerent Government and shipped on board a merchant vessel which 
does not clear for a port of the belligerent but for a neighboring 
neutral port. 

(e) When an agent of a belligerent is taken on board a merchant 
vessel having a cargo of fuel or other supplies and clearing for a 
neighboring neutral port. 

4. The fact that a merchant vessel, which is laden with fuel or 
other naval supplies, seeks clearance under strong suspicion that it 
is the intention to furnish such fuel or supplies to a belligerent war- 
ship, is not sufficient ground to warrant its detention, if the case is 
isolated and neither the vessel nor the warship for which the supplies 
are presumably intended has previously taken on board similar sup- 
plies since the war began or within three months during the period of 
the war. 

5. The essential idea of neutral territory becoming the base for 
naval operations by a belligerent is repeated departure from such 
territory by a naval tender of the belligerent or by a merchant vessel 
in belligerent service which is laden with fuel or other naval supplies. 

6. A merchant vessel, laden with naval supplies, clearing from a 
port of the United States for the port of another neutral nation, which 
arrives at its destination and there discharges its cargo, should not 
be detained if, on a second voyage, it takes on board another cargo) 
of similar nature. 

In such a case the port of the other neutral nation may be a base 
for the naval operations of a belligerent. If so and even if the fact 
is notorious, this Government is under no obligation to prevent the 
shipment of naval supplies to that port. Commerce in munitions of 
war between neutral nations cannot as a rule be a basis for a claim 
of unneutral conduct, even though there is a strong presumption or 
actual knowledge that the neutral State, in whose port the supplies 
are discharged, is permitting its territory to be used as a base of 
supply for belligerent warships. The duty of preventing an unneu- 
tral act rests entirely upon the neutral State whose territory is being 
I used as such a base. 



140 DIPLOMATIC CORRESPONDENCE BETWEEN 

In fact this principle goes further in that, if the supplies were 
shipped directly to an established naval base in the territory or under 
the control of a belligerent, this Government would not be obligated 
by its neutral duty to limit such shipments or detain or otherwise 
interfere with the merchant vessels engaged in that trade. A neutral 
can only be charged with unneutral conduct when the supplies, fur- 
nished to a belligerent warship, are furnished directly to it in a port 
of the neutral or through naval tenders or merchant vessels acting as 
tenders departing from such port. 

7. The foregoing propositions do not apply to furnishing munitions 
of war included in absolute contraband, since in no event can a bellig- 
erent warship take on board such monitions in neutral waters, nor 
should it be permitted to do so indirectly by means of naval tenders 
or merchant vessels acting as such tenders. 

Department op State, 
September 19, 1914. 



The German Ambassador to the Secretary of State. 

[Translation.] 

Imperial German Embassy, 
Washington, D. C, October 21, 1914. 
Mr. Secretary op State: 

I am told that the tug F. B. Dalzell at 11 p. m. in the night of 
September 31-October 1, put to sea from Pier 6 East River, New 
York, to carry provisions to the British cruiser Essex. The Essex 
was lying about five nautical miles off Gedney Channel, two nautical 
miles southeast of Scotland Lightship. As she came out of Gedney 
Channel the tug is said to have come under the searchlight of the 
American warship Florida that was lying in front of the channel. 
The provisions, about forty tons of fresh meats wrapped in cloth, 
were taken from the tug in boats that had been sent from the war 
vessel. The tug then returned to New York where it arrived at 
daybreak. 

The tug G. H. Dalzell which belongs to the same line, went on a 
similar errand in the night of October 1-2. That tug also left from 
Pier 6 East River. 

I have the honor to bring the foregoing to Your Excellency's 
knowledge with a request that you will kindly set on foot an investi- 
gation of the case and ascertain whether it constitutes a violation of 
the neutrality laws. 

Accept, etc., J. Bernstorff. 



THE UNITED STATES AND GERMANY 141 

The Counselor of the Department of State to the German Ambassador. 

Department op State, 
Washington, November 7, 1914. 

My dear Mr. Ambassador: 

Referring to my previous communication to you of October 30 x 
regarding the internment of the German cruiser Geier, the Depart- 
ment is now in possession of information that the German steamship 
Locksun, belonging to the Norddeutscher Lloyd Company, cleared 
August 16, 1914, from Manila with 3,215 tons of coal for Menado, 
in the Celebes; that she coaled the German warship Geier in the 
course of her voyage toward Honolulu, where she arrived soon after 
the Geier; that the Locksun received coal by transfer from another 
vessel somewhere between Manila and Honolulu, and that the captain 
stated that he had on board 245 or 250 tons of coal when he entered 
Honolulu, whereas investigation showed that he had on board approxi- 
mately 1,600 tons. 

From these facts the Department is of the opinion that the opera- 
tions of the Locksun constitute her a tender to the Geier, and that 
she may be reasonably so considered at the present time. This Gov- 
ernment is, therefore, under the necessity of according the Locksun 
the same treatment as the Geier, and has taken steps to have the 
vessel interned at Honolulu if she does not leave immediately. 

I am, etc., Robert Lansing. 



The German Ambassador to the Counselor of the Department of State. 

German Embassy, 
Washington. November 11, 1914. 

My dear Mr. Lansing: 

I beg to acknowledge receipt of your letter of 7th instant inform- 
ing me that the German steamer Locksun, belonging to the Nord- 
deutscher Lloyd, now at Honolulu, is considered by the United States 
Government as being a tender to H. M. S. Geier and would therefore 
be interned at Honolulu if she did not leave immediately. 

In reply to this communication I beg you to kindly let me know on 
which rule or regulation the detention of the Locksun is to be based. 

The Locksun cannot be considered as a man-of-war, not even an 
auxiliary ship, but is a simple merchant ship. As to the alleged 

1 Printed, infra, p. 156, under section regarding internment of the Geier. 



142 DIPLOMATIC CORRESPONDENCE BETWEEN 

coaling of H. M. S. Geier from the Locksun the neutrality regulations 
of the United States only provide that a vessel can be prevented from 
taking coal to a warship for a period of three months after having 
left an American port. As the Locksun left the last American port 
(Manila) on August 16 she ought to be free on November 16. 

I am, etc., J. Bernstorff. 



The Counselor of the Department to the German Ambassador. 

Department of State, 
Washington, November 16, 1914. 
My dear Mr. Ambassador: 

In reply to your note of the 11th instant, inquiring on which rule 
or regulation the internment of the German ship Locksun is based, 
I would advise you that the Locksun has been interned on the prin- 
ciple that she has been acting as a tender to the German warship 
Geier, as the facts set forth in my note of the 7th instant substan- 
tiate. If, under the circumstances, the Locksun has been in fact a 
tender to the Geier, the question involved does not relate to the 
amount of coal which either the Locksun or the Geier has taken on 
within three months, but rather relates to the association and coopera- 
tion of the two vessels in belligerent operations. The Locksun, having 
been shown to have taken the part of a supply ship for the Geier, is, 
in the opinion of this Government, stamped with the belligerent char- 
acter of that vessel, and has really become a part of her equipment. 
In this situation it is difficult to understand on what basis it would 
have been possible to distinguish between the two vessels, so as to 
intern the one and not the other. This Government, therefore, has 
taken what appears to it to be the only reasonable course, under the 
circumstances, and directed that both vessels be interned. 

I am, etc., Robert Lansing. 



The German Ambassador to the Secretary of State. 

[Translation.] 

German Embassy, 
Washington, November 21, 1914. 
Mr. Secretary of State: 

In reply to Your Excellency's kind note of the 12th instant and 
with reference to Under Secretary of State Lansing's letter of the 



THE UNITED STATES AND GERMANY 143 

16th instant, both about the internment of the German steamship 
Locksun at Honolulu, I have the honor to say the following : 

Under Secretary of State Lansing informed me in his above- 
mentioned letter of the 16th instant that the S. S. Locksun had been 
interned because she had served as a tender to H. M. S. Geier, had 
thereby assumed the character of a belligerent and was to be con- 
sidered as part of the equipment of a war vessel. To this I wish to 
say that there is, so far as I know, no international law or stipu- 
lation in existence which imparts the character of a warcraft, i.e., 
of a "part of a warship" to a tender on account of her accompany- 
ing a warship. The situation in times of peace also proves this. 
Where there is a likelihood of the warship being unable safely to get 
along on her own resources, there is the necessity of sending tenders 
along. This is rather often done in times of peace without causing 
such tenders to be considered and treated on that account as "parts 
of the warship concerned," or in the light of international law even 
as warships. 

Granting, however, that such vessel could actually be considered 
as. "part of a warship," then there could be no doubt that its part 
as a coaling and supply ship would come to an end at the very 
moment the warship is interned and she would then cease to be " part 
of a worship." 

Besides, if it be enough, as stated in the above referred to note 
of the 16th instant, to stamp a steamer as a warcraft that she did 
supply a war vessel with coals or provisions, then the steamship 
Locksun's case in nowise differs from that of the tug F. B. Dalzell, 
which, as I had the honor to inform Your Excellency by my note 
of the 21st ultimo, carried victuals and information to the English 
warship Essex from the port of New York. 

Accept, etc., J. Bernstorff. 



The Acting Secretary of State to the German Ambassador. 

Department of State, 
Washington, November 23, 1914. 
Excellency : 

Referring to your note of the 21st ultimo, stating that your Em- 
bassy was in receipt of information to the effect that, on the night 
of September 30 last, the tug F. B. Dalzell put to sea from Pier 6, 
East River, New York, to carry provisions to the British cruiser 
Essex, which was lying off Gedney Channel ; that as she came out of 
Gedney Channel the tug came under the searchlights of the U. S. S. 
Florida; that the provisions were taken from the tug in boats sent 
from the Essex; and that the tug G. H. Dalzell went on a similar 



144 DIPLOMATIC CORRESPONDENCE BETWEEN 

errand on the night of October 1, I have the honor to inform you 
that the Government of the United States has had the matter thor- 
oughly investigated and has not been able to find as yet sufficient 
evidence showing that the tug F. B. Dalzell has furnished supplies 
to British warships. If Your Excellency can supply any evidence 
bearing on the matter, the Department will be glad to have a further 
investigation made on the basis of the new information. 

Accept, etc., Robert Lansing. 



The Secretary of State to the German Ambassador. 

Department op State, 
Washington, December 11, 1914. 

Excellency : 

I have the honor to acknowledge the receipt of your note of the 
21st ultimo in regard to the internment of the German steamship 
Locksun at Honolulu. 

In reply I have the honor to call your attention to the expression 
"part of a warship," which occurs throughout your note. I do not 
understand from what source this expression is derived, as I do not 
find it in the correspondence of the Department to you on this sub- 
ject. In my note to you of the 16th ultimo it was stated that the 
Locksun, having been shown to have taken the pari; of a supply ship 
for the Geier, is, in the opinion of this Government, stamped with the 
belligerent character of that vessel, and has really become part of 
her equipment. This of course does not state that she is a "part of 
a warship." A tender is a part of the equipment of a vessel of war 
in the sense of acting as an auxiliary to such a vessel in the matter 
of carrying supplies and possibly giving other assistance. In a very 
real sense a vessel of war so attended may be considered as a belliger- 
ent expedition of which the tender is a part of the equipment, but 
to put a tender in the category of "part of a warship" is to suggest 
that the treatment to be accorded the tender shall be governed by the 
rules of contraband. 

In the circumstances of this case, as known by the Department, 
it is obliged to state that it still adheres to its previous position that 
the status of the Locksun as a tender to the ship of war Geier was 
sufficiently proved to justify her treatment as such. In this connec- 
tion the Department has the honor to call to your attention the fol- 
lowing quotation from the award of the Alabama Claims Commis- 



THE UNITED STATES AND GERMANY 145 

sion, which seems to establish this principle regarding the treatment 
of tenders, although the application of this statement was not made 
to the exact circumstances of the Locksun case : 

And so far as relates to the vessels called the Tuscaloosa (tender 
to the Alabama), the Clarence, the Tacony, and the Archer (tenders 
to the Florida), the tribunal is unanimously of opinion that such 
tenders or auxiliary vessels, being properly regarded as accessories, 
must necessarily follow the lot of their principals and be submitted 
to the same decision which applies to them respectively. 

The entire practice of the internment of vessels appears to be of 
recent origin. The doctrine of internment was apparently first applied 
to any great extent during the Russo-Japanese war, and it is believed 
that the treatment of the Locksun is in keeping with the high stand- 
ard of neutrality upon which the doctrine of internment is based. 
The Department is not aware that measures to preserve neutrality 
are entirely dictated by precedent and international law, and it be- 
lieves that belligerents hardly have proper cause to question an atti- 
tude on neutrality justly in advance of precedent and international 
law if it is applied by the neutral impartially to all belligerents. 
As to the advisability of assuming such an attitude, the Department 
is impressed with the proposition that the neutral and not the belliger- 
ent is the proper judge in the circumstances. 

You refer to the case of the tug F. B. Dalzell, which you state 
carried supplies and information to the English warship Essex from 
the port of New York, and suggest that this case in no wise differs 
from that of the steamship Locksun. In reply I have the honor to 
inform you that the result of this Government's investigation is to 
the effect that the tug Dalzell did not as a fact carry supplies and 
information to any British warship from the port of New York. 
If, however, Your Excellency is in possession of facts showing the 
contrary, the Government will be glad to be furnished with such 
data in order that it may renew its investigation and establish the 
truth in regard to the tug Dalzell, whether or not it agrees with the 
present finding of the Government. It will be recalled, however, 
that the tug Dalzell is an American vessel and therefore is not sub- 
ject to internment as that term is understood in international law. 
This circumstance is not regarded, however, as relieving the Govern- 
ment from the duty of preventing the use of American ports as bases 
of naval operations as required by the provisions of Hague Conven- 
tion No. 13, of 1907. 

Accept, etc., W. J. Bryan. 



146 DIPLOMATIC CORRESPONDENCE BETWEEN 

The German Ambassador to the Secretary of State. 
[Translation.] 

Imperial German Embassy, 
Washington, December 15, 1914. 
Mr. Secretary op State: 

The position taken by the Government of the United States as 
to the delivery of coal and other necessaries to warships of the bellig- 
erent states constituting a violation of neutrality is, in the opinion 
of the Imperial German Government, untenable in international law. 
The Imperial Government has set forth its position on this point in a 
memorandum which, in compliance with instructions, I have the honor 
to forward to Your Excellency. 

The Imperial Government indulges the hope that the Govern- 
ment of the United States, upon perusal of the memorandum, will 
concur in the view of the Imperial Government and, within the limits 
drawn in the memorandum, will grant free clearance to vessels that 
should supply German warships with coal. I should be thankful to 
Your Excellency for a communication in this respect. 

Accept, etc., J. Bernstorff. 



[Inclosure — Translation.] 
memorandum. 

Under the general principles of international law no exception 
can be taken to neutral states letting war material go to Germany's 
enemies from or through their territory. This is accordant with 
Article 7 of The Hague Conventions of October 18, 1907, concerning 
the rights and duties of neutrals in naval and land war. If, how- 
ever, a state avails itself of that liberty in favor of her enemies, then 
it must, in accordance with a rule generally accepted in international 
law and confirmed in Article 9 of the two Conventions above cited, 
place no obstacle to the German military force ordering contraband 
from or through its territory. 

The neutrality declaration of the United States takes this con- 
struction into full account when it allows contraband of war to be 
delivered equally to all belligerents. 

"All persons may lawfully and without restriction by reason of 
the aforesaid state of war manufacture and sell within the United 
States arms and ammunitions of war and other articles ordinarily 
known as contraband of war." 

The public declaration of the State Department of the United 
States of October 15, 1914, on the subject of neutrality and contra- 
band, gave the widest acceptation to the above-stated principle. 

In spite thereof, various American port authorities have denied 
clearance from American ports to vessels of the merchant marine 
which would carry needed supplies or fuel to German warships either 
on the high seas or in other neutral ports. 



THE UNITED STATES AND GERMANY 147 

According to the principles of international law above cited a 
neutral State need not prevent furnishing supplies of this character ; 
neither can it, after allowing the adversaries to be furnished with 
contraband, either detain or in any way disable a merchant ship 
carrying such a cargo. Only when contraband trade would turn 
the ports into bases of German military operations would the 
unilateral stoppage of the trade of those vessels become a duty. Such, 
perhaps, would be the case if the Germans kept coal depots in the 
ports or if the vessels called at the port in regular voyages on the 
way to German naval forces. But it stands to reason that one mer- 
chant vessel occasionally sailing with coal or supplies for German 
warships does not turn a neutral port into a German point of support 
contrary to neutrality. 

Our enemies draw from the United States contraband of war, 
especially arms, worth several billions of marks. This in itself they 
are authorized to do. But if the United States will prevent our 
warships occasionally drawing supplies from its ports, a great injus- 
tice grows out of the authorization, for it would amount to an un- 
equal treatment of the belligerents and constitute a breach of the 
generally accepted rules of neutrality to Germany's detriment. 



The German Ambassador to the Counselor of the Department of 

State. 

German Embassy, 
Washington, December 21, 1914. 
My dear Mr. Lansing: 

I learn that the British S. S. Mallina and Tremeadow, who served 
as tenders to British cruisers, now demand to be allowed to coal in 
Panama and to leave for Australia, alleging that they have ceased 
to be tenders of British warships. 

I beg to draw your attention to the fact that, as far as can be seen 
from here, their case, in the principal points, is identical with the case 
of the German S. S. Locksun. 

I am, etc., J. Bernstorff. 



The Counselor of the Department of State to the German 
Ambassador. 

Department of State, 
Washington, December 23, 1914. 
My dear Mr. Ambassador: 

In reply to your note of the 21st instant, with reference to the 
British S. S. Mallina and Tremeadow, which you state have served 
as tenders to British cruisers, and are demanding coal in the Panama 



148 DIPLOMATIC CORRESPONDENCE BETWEEN 

Canal Zone, I would advise you that these vessels have been con- 
sidered by the Canal authorities as coming under Rule 2 of the 
President's proclamation of November 13 last in relation to the 
neutrality of the Panama Canal Zone, which accords to transports or 
fleet auxiliaries the same treatment as that given to belligerent vessels 
of war. 

I am, etc., Robert Lansing. 



The Secretary of State to the German Ambassador. 

Department op State, 
Washington, December 24, 1914. 
Excellency : 

I have the honor to acknowledge the receipt of your note of the 
15th instant inclosing, by direction of your Government, a copy of 
a memorandum of the Imperial Government on the subject of the 
delivery of coal and other necessaries to warships of belligerent States. 
In the course of the memorandum your Government takes the oppor- 
tunity to set forth its attitude toward traffic in contraband of war 
by citizens of neutral countries. I take note, therefore, of your 
Government's statement that "under the general principles of inter- 
national law no exception can be taken to neutral States letting war 
material go to Germany 's enemies from or through neutral territory, ' ' 
and that the adversaries of Germany in the present war are, in the 
opinion of the Imperial Government, authorized to "draw from the 
United States contraband of war, especially arms, worth several 
billions of marks. ' ' These principles, as you state, have been accepted 
by the United States Government in the statement issued by the 
Department on October 15 last, entitled "Neutrality and Trade in 
Contraband. ' ' Acting in conformity with propositions there set forth 
this Government has itself taken no part in contraband traffic and 
so far as possible has lent its influence toward equal treatment for 
all belligerents in the matter of purchasing arms and ammunition 
in the United States. Complaint, however, appears to be made by 
the Imperial German Government of the refusal of clearance by 
American authorities to merchant vessels intending to furnish fuel 
and supplies to German warships on the high seas or in neutral ports. 
In reply I desire to call to your attention that the Government is 
not aware that any merchant vessel has been refused a clearance on 



THE UNITED STATES AND GERMANY 149 

these grounds during the present war, although certain temporary 
detentions have been found to be necessary for the purpose of inves- 
tigating the dona fides of the alleged destinations of particular vessels 
and the intentions of their owners or masters. This has been done 
in an effort to carry out the principles of international law and the 
declaration of treaties with respect to coal supplies for belligerent 
warships and the use of neutral ports as bases of naval operations. 
Although as a rule there is on the part of the nationals of neutral 
countries entire freedom of trade in arms, ammunition, and other 
articles of contraband, nevertheless the Imperial German Government 
will recall that international law and the treaties declaratory of its 
principles make a clear distinction between ordinary commerce in 
contraband of war and the occasional furnishing of warships at sea 
or in neutral ports. In this relation I venture to advert to Articles 
18 to 20, inclusive, of Hague Convention No. 13, 1907. From these 
articles it will be observed that a warship which has received fuel 
in a port belonging to a neutral power may not within the suc- 
ceeding three months replenish her supply in a port of the same 
power. It is, I am sure, only necessary to call your attention to 
these articles to make it perfectly clear that if a number of merchant 
vessels may at short intervals leave neutral ports with cargoes of 
coal for transshipment to belligerent warships at sea, regardless of 
when the warships last received fuel in the ports of the same neutral 
power, the conventional prohibition would be nullified, and the three 
months' rule rendered useless. By such practice a warship might 
remain on its station engaged in belligerent operations without the 
inconvenience of repairing to port for fuel supplies. 

Furthermore, Article 5, of the same Convention, forbids belliger- 
ents to use neutral ports and waters as a base of naval operations 
against their adversaries. As stated in the Department's statement 
on "Merchant Vessels Suspected of Carrying Supplies to Belligerent 
Vessels," dated September 19 last (a copy of which is inclosed), 1 
the essential idea of neutral territory becoming the base for naval 
operations by a belligerent is in the opinion of this Government 
repeated departure from such territory of merchant vessels laden 
with fuel or other supplies for belligerent warships at sea. In order 
to ascertain the vessels which are thus operating, the Government 
has been obliged to investigate certain cases in order that it might 
determine whether there have been or are about to be repetitions of 
such acts. But in all respects equality of treatment has been observed 

1 See supra, p. 138. 



150 DIPLOMATIC CORRESPONDENCE BETWEEN 

toward all merchant vessels suspected of carrying supplies to belliger- 
ent vessels. 

It is hardly necessary to recount in this note the provisions of. 
The Hague Conventions in regard to the fitting out or arming of 
vessels within the jurisdiction of a neutral power, or the stipulations 
in the same Conventions regarding the departure of vessels intended 
to cruise or engage in hostile operations which have been adopted 
entirely, or in part, for such use within neutral jurisdiction. To the 
extent of these restrictions the furnishing of munitions of war in- 
cluded in absolute contraband is prohibited in neutral waters, and 
therefore should not be permitted indirectly by means of naval 
tenders, or merchant vessels acting as tenders, carrying such mate- 
rials from a neutral jurisdiction to belligerent warships at sea. 

It is not necessary in further reply to the memorandum of the 
Imperial German Government to advert in detail to other provisions 
of The Hague Conventions or to other rules of international law, 
for no particular cases have been adduced as a ground for your 
Government's complaint. If, however, they will specify the vessels 
which they must have in mind as having been accorded unequal treat- 
ment, the Department will be glad to give further consideration to 
the memorandum of your Government in the light of actual facts. 
It is then sufficient to say for the present that in the pursuance of 
the policy to carry out the principles above referred to, which is 
part of the program of this Government to preserve and maintain 
the neutrality of the United States, all merchant vessels suspected 
of carrying supplies to belligerent warships at sea have been sub- 
jected, and will continue to be subjected, to unremitting and pains- 
taking investigation. Such action cannot, it is believed, be fairly 
taken to amount to "unequal treatment of the belligerents and con- 
stitute a breach of the generally accepted rules of neutrality to Ger- 
many 's detriment." 

Accept, etc., W. J. Bryan. 



THE UNITED STATES AND GERMANY 151 

i 

Part VII. 

GERMAN-AMERICAN TRADE AND THE EXPORTATION 
OF ARMS AND MUNITIONS. 



The German Ambassador to the Secretary of State. 

[Translation.] 

Imperial German Embassy, 
Washington, April 4, 1915. 

Mr. Secretary of State: . 

I have the honor to deliver to Your Excellency the inclosed mem- 
orandum on German-American trade and the question of delivery of 

arms. T _. 

Accept, etc., J- Bernstorff. 



[Inclosure — Translation.] 

memorandum. 

Imperial German Embassy, 
Washington, D. C, April 4, 1915. 
The various British Orders in Council have one-sidedly modified 
the generally recognized principles of international law in a way 
which arbitrarily stops the commerce of neutral nations with Ger- 
many Even before the last British Order in Council, the shipment 
of conditional contraband, especially food supplies, to Germany was 
practically impossible. Prior to the protest sent by the American 
to the British Government on December 28 last, such a shipment did 
not actually take place in a single case. Even after this protest the 
Imperial Embassy knows of only a single case in which an American 
shipper has ventured to make such a shipment for the purpose ot 
legitimate sale to Germany. Both ship and cargo were immediately 
seized by the English and are being held in an English port under 
the pretext of an order of the German Federal Council (Bundesrat) 
regarding the grain trade, although this resolution of the Federal 
Council relates exclusively to grain and flour, and not to other food- 
stuffs, besides making an express exception with respect to imported 
foodstuffs, and although the German Government gave the American 
Government an assurance, and proposed a special organization 
whereby the exclusive consumption by the civilian population is abso- 
lutely guaranteed. . 

Under the circumstances the seizure of the American ship was 
inadmissible according to recognized principles of international law. 
Nevertheless the United States Government has not to date secured 



152 DIPLOMATIC CORRESPONDENCE BETWEEN 

the release of the ship and cargo, and has not, after a duration of the 
war of eight months, succeeded in protecting its lawful trade with 
Germany. 

Such a long delay, especially in matters of food supply, is equiva- 
lent to an entire denial. 

The Imperial Embassy must therefore assume that the United 
States Government acquiesces in the violations of international law 
by Great Britain. 

Then there is also the attitude of the United States in the question 
of the exportation of arms. The Imperial Government feels sure that 
the United States Government will agree that in questions of neu- 
trality it is necessary to take into consideration not only the formal 
aspect of the case, but also the spirit in which the neutrality is car- 
ried out. 

The situation in the present war differs from that of any previous 
war. Therefore any reference to arms furnished by Germany in 
former wars is not justified, for then it was not a question whether 
war material should be supplied to the belligerents, but who should 
supply it in competition with other nations. In the present war all 
nations having a war material industry worth mentioning are either 
involved in the war themselves or are engaged in perfecting their 
own armaments, and have therefore laid an embargo against the 
exportation of war material. The United States is accordingly the 
only neutral country in a position to furnish war materials. The 
conception of neutrality is thereby given a new purport, independ- 
ently of the formal question of hitherto existing law. In contradic- 
tion thereto, the United States is building up a powerful arms indus- 
try in the broadest sense, the existing plants not only being worked 
but enlarged by all available means, and new ones built. The inter- 
national conventions for the protection of the rights of neutral nations 
doubtless sprang from the necessity of protecting the existing indus- 
tries of neutral nations as far as possible from injury in their busi- 
ness. But it can in no event be in accordance with the spirit of true 
neutrality if, under the protection of such international stipulations, 
an entirely new industry is created in a neutral State, such as is the 
development of the arms industry in the United States, the business 
whereof, under the present conditions, can benefit only the belligerent 
powers. 

This industry is actually delivering goods only to the enemies of 
Germany. The theoretical willingness to supply Germany also if 
shipments thither were possible, does not alter the case. If it is the 
will of the American people that there shall be a true neutrality, 
the United States will find means of preventing this one-sided supply 
of arms or at least of utilizing it to protect legitimate trade with Ger- 
many, especially that in foodstuffs. This view of neutrality should 
all the more appeal to the United States Government because the 
latter enacted a similar policy toward Mexico. On February 4, 1914, 
President Wilson, according to a statement of a Representative in 
Congress in the Committee for Foreign Affairs of December 30, 1914, 



THE UNITED STATES AND GERMANY 153 

upon the lifting of the embargo on arms to Mexico, declared that 
"we should stand for genuine neutrality, considering the surrounding 
facts of the case * ° *" He then held that "in that case, because 
Carranza had no ports, while Huerta had them and was able to import 
these materials, that it was our duty as a nation to treat (Carranza 
and Huerta) upon an equality if we wished to observe the true spirit 
of neutrality as compared with a mere paper neutrality. ' ' 

If this view were applied to the present case, it would lead to an 
embargo on the exportation of arms. 



The Secretary of State to the German Ambassador. 

Department of State, 
Washington, April 21, 1915. 
Excellency : 

I have given thoughtful consideration to Your Excellency's note 
of the 4th of April, 1915, inclosing a memorandum of the same date, 
in which Your Excellency discusses the action of this Government 
with regard to trade between the United States and Germany and the 
attitude of this Government with regard to the exportation of arms 
from the United States to the nations now at war with Germany. 

I must admit that I am somewhat at a loss how to interpret Your 
Excellency's treatment of these matters. There are many circum- 
stances connected with these important subjects to which I would have 
expected Your Excellency to advert, but of which you make no men- 
tion, and there are other circumstances to which you do refer which 
I would have supposed to be hardly appropriate for discussion be- 
tween the Government of the United States and the Government of 
Germany. 

I shall take the liberty, therefore, of regarding Your Excellency's 
references to the course pursued by the Government of the United 
States with regard to interferences with trade from this country, 
such as the Government of Great Britain have attempted, as intended 
merely to illustrate more fully the situation to which you desire to 
call our attention and not as an invitation to discuss that course. 
Your Excellency's long experience in international affairs will have 
suggested to you that the relations of the two Governments with ono 
another cannot wisely be made a subject of discussion with a third 
Government, which cannot be fully informed as to the facts and 
which cannot be fully cognizant of the reasons for the course pur- 
sued. I believe, however, that I am justified in assuming that what 



154 DIPLOMATIC CORRESPONDENCE BETWEEN 

you desire to call forth is a frank statement of the position of this 
Government in regard to its obligations as a neutral power. The 
general attitude and course of policy of this Government in the main- 
tenance of its neutrality I am particularly anxious that Your Excel- 
lency should see in their true light. I had hoped that this Govern- 
ment's position in these respects had been made abundantly clear, 
but I am of course perfectly willing to state it again. This seems to 
me the more necessary and desirable because, I regret to say, the 
language which Your Excellency employs in your memorandum is 
susceptible of being construed as impugning the good faith of the 
United States in the performance of its duties as a neutral. I take 
it for granted that no such implication was intended, but it is so 
evident that Your Excellency is laboring under certain false impres- 
sions that I cannot be too explicit in setting forth the facts as they 
are, when fully reviewed and comprehended. 

In the first place, this Government has at no time and in no man- 
ner yielded any one of its rights as a neutral to any of the present 
belligerents. It has acknowledged, as a matter of course, the right 
of visit and search and the right to apply the rules of contraband of 
war to articles of commerce. It has, indeed, insisted upon the use 
of visit and search as an absolutely necessary safeguard against mis- 
taking neutral vessels for vessels owned by an enemy and against 
mistaking legal cargoes for illegal. It has admitted also the right 
of blockade if actually exercised and effectively maintained. These 
are merely the well-known limitations which war places upon neu- 
tral commerce on the high seas. But nothing beyond these has it 
conceded. I call Your Excellency's attention to this, notwithstand- 
ing it is already known to all the world as a consequence of the publi- 
cation of our correspondence in regard to these matters with several 
of the belligerent nations, because I cannot assume that you have 
official cognizance of it. 

In the second place, this Government attempted to secure from 
the German and British Governments mutual concessions with regard 
to the measures those Governments respectively adopted for the inter- 
ruption of trade on the high seas. This it did, not of right, but 
merely as exercising the privileges of a sincere friend of both parties 
and as indicating its impartial good will. The attempt was unsuc- 
cessful; but I regret that Your Excellency did not deem it worthy 
of mention in modification of the impressions you expressed. We 
had hoped that this act on our part had shown our spirit in these 
times of distressing war as our diplomatic correspondence had shown 



THE UNITED STATES AND GERMANY 155 

our steadfast refusal to acknowledge the right of any belligerent to 
alter the accepted rules of war at sea in so far as they affect the 
rights and interests of neutrals. 

In the third place, I note with sincere regret that, in discussing 
the sale and exportation of arms by citizens of the United States to 
the enemies of Germany, Your Excellency seems to be under the 
impression that it was within the choice of the Government of the 
United States, notwithstanding its professed neutrality and its dili- 
gent efforts to maintain it in other particulars, to inhibit this trade, 
and that its failure to do so manifested an unfair attitude toward 
Germany. This Government holds, as I believe Your Excellency is 
aware, and as it is constrained to hold in view of the present indis- 
putable doctrines of accepted international law, that any change in 
its own laws of neutrality during the progress of a war which would 
affect unequally the relations of the United States with the nations 
at war would be an unjustifiable departure from the principle of 
strict neutrality by which it has consistently sought to direct its 
actions, and I respectfully submit that none of the circumstances 
urged in Your Excellency's memorandum alters the principle in- 
volved. The placing of an embargo on the trade in arms at the 
present time would constitute such a change and be a direct violation 
of the neutrality of the United States. It will, I feel assured, be 
clear to Your Excellency that, holding this view and considering 
itself in honor bound by it, it is out of the question for this Govern- 
ment to consider such a course. 

I hope that Your Excellency will realize the spirit in which I 
am drafting this reply. The friendship between the people of the 
United States and the people of Germany is so warm and of such 
long standing, the ties which bind them to one another in amity are 
so many and so strong, that this Government feels under a special 
compulsion to speak with perfect frankness when any occasion arises 
which seems likely to create any misunderstanding, however slight or 
temporary, between those who represent the Governments of the two 
countries. It will be a matter of gratification to me if I have re- 
moved from Your Excellency's mind any misapprehension you may 
have been under regarding either the policy or the spirit and pur- 
poses of the Government of the United States. Its neutrality is 
founded upon the firm basis of conscience and good will. 

Accept, etc., W. J. Bryan., 



156 DIPLOMATIC CORRESPONDENCE BETWEEN 

Part VIII. 
INTERNMENT OF GERMAN VESSELS. 1 



The Counselor of tlie Department of State to the German 
Ambassador. 

Department of State, 
Washington, October 30, 1914. 
My dear Mr. Ambassador: 

The Department has been advised that the German gunboat Geier 
put into the port of Honolulu, and on October 15 the captain re- 
quested permission to make repairs to render the vessel seaworthy, 
and estimated the time for this work to be one week. The naval con- 
structor of the United States at the port of Honolulu examined the 
vessel on October 20, and recommended that the time be extended 
eight days, from October 20, in order to place the boilers in a sea- 
worthy condition. On October 27, the German consul at that port 
requested from eight to ten days additional time in which to make 
repairs to steam and feed piping and boilers that have been found 
to be in a leaking condition. Upon a further examination, the United 
States naval constructor reports that he is unable to state how long 
repairs should take, as conditions requiring remedy may be found as 
work progresses. It is also reported that, on account of the gener- 
ally bad condition of the piping and boilers, further time may be 
required to complete all repairs. 

The circumstances in this case point to the gunboat Geier as a 
ship that at the outbreak of war finds itself in a more or less broken- 
down condition and on the point of undergoing general repairs, but 
still able to keep the sea. In this situation the Government believes 
that it does not comport with a strict neutrality or a fair interpre- 
tation of The Hague Conventions, to allow such a vessel to complete 
unlimited repairs in a United States port. The Government therefore 
has instructed the authorities to notify the captain of the Geier that 
three weeks from October 15 will be allowed the Geier for repairs, 
and that if she is not able to leave American waters by November 6, 
the United States will feel obliged to insist that she be interned until 
the expiration of the war. 

I am, etc., Robert Lansing. 

1 See correspondence regarding the internment of the tender Bocksun, supra, 
pp. 141-147. 



THE UNITED STATES AND GERMANY 157 

The German Ambassador to the Secretary of State. 

[Translation.] 

German Embassy, 
Washington, November 11, 1914. 
Me. Secretary of State: 

Two officers of H. M. S. Geier who had been granted sick leave 
have been interned with their orderlies in the United States. It seems 
that the United States Government took that measure on the ground 
that they belonged to the company of a ship whose crew faced intern- 
ment and which was in fact dismantled later. This position would 
undoubtedly be correct if the officers had not left the ship until after 
internment, as in that case the whole crew should be treated exactly 
like troops that cross the border of a neutral country. As a matter 
of fact, however, H. M. S. Geier was not dismantled until the 7th 
of this month and the official communication of Under Secretary of 
State Lansing which spoke of the disarmament of H. M. S. Geier 
under certain conditions is dated October 30. As to this I have the 
honor to inform Your Excellency that the interned officers and their 
orderlies had already left Honolulu on the 28th of October, that is, 
before the question of interning the crew of H. M. S. Geier had come 
up. It is therefore not a fact that those officers and men belonged 
to the company of a ship on the point of being interned. 

In this connection I would draw Your Excellency's attention to 
the treatment accorded to the Britieh Major Robertson. That officer 
was allowed by the like American authorities to proceed on his jour- 
ney, although it was shown that he had taken an active part in the 
war against Germany by fighting in the battle before Tsingtau. As 
this discrimination in the treatment of German and English officers 
appears to me to be difficult to explain, I have the honor to beg Your 
Excellency to cause this question to be again examined in the light 
of the neutrality of the United States and kindly to procure for the 
officers of H. M. S. Geier and their orderlies permission to travel 
freely. 

Accept, etc., J. Bernstorff. 



The Secretary of State to the German Ambassador. 

Department of State, 
Washington, November 12, 1914. 
Excellency : 

I have the honor to advise you of the receipt of a letter from the 
Secretary of the Treasury, stating that a telegram has been received 
from the collector of customs at Honolulu, reporting that, on Novem- 
ber 8, 1914, the German naval vessels Geier and Locksun were 
interned there. 

Accept, etc., W. J. Bryan. 



158 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Acting Secretary of State to the German Ambassador. 

Department op State, 
Washington, November 27, 1914. 
Excellency : 

The Department has received your note of the 11th instant in 
regard to the two officers of H. M. S. Geier and their orderlies, who 
left that vessel before it was interned, but who have with the re- 
mainder of its complement been interned within United States juris- 
diction. You ask that, as the actual internment of the vessel took 
place on the 7th instant, and as the officers and their orderlies left 
Honolulu on the 28th ultimo, the case be reexamined and the officers 
and their orderlies be released. 

In reply I have the honor to advise you that the case has been 
carefully reexamined and that this Government, in its observance 
of a strict neutrality, is under obligation to retain these gentlemen 
in custody as a part of the Geier's company when she entered Ameri- 
can jurisdiction. It appears that these men were not only duly incor- 
porated in the armed forces of Germany, a belligerent power, but 
were also in a sense a part of an organized body of such forces enter- 
ing a neutral port. In such a case the laws of maritime warfare 
permit a limited hospitality to be extended to them, dependent upon 
their observing certain conditions. In the case of the Geier, these 
conditions were, it is believed, very generous. After a delay of sev- 
eral days within the hospitality of the United States, instead of the 
conventional twenty-four hours, these officers and their orderlies 
appear to have been granted sick leave by the captain of the Geier. 
This fact, however, cannot, it is believed, properly be urged as sepa- 
rating them from the Geier in relation to its subsequent treatment. 
They arrived within United States jurisdiction as a part of an organ- 
ized armed force of the German Empire, and this fact, in the opinion 
of this Government, appears to be the crux of the whole matter. 
Were a distinction to be made on the grounds set forth in your note 
a ship in danger from her enemy might enter a neutral port, and 
before the twenty-four-hour period had elapsed, and before there was 
any danger of internment, her officers and crew might leave her and 
afterwards claim the right to return to their country as individuals. 
This course would manifestly not comport with the principles of neu- 
trality as they are understood by the Department. 

Your Excellency compares the case of these officers and men of 
H. M. S. Geier with that of Major Robertson of the British Army, 



THE UNITED STATES AND GERMANY 159 

who appears to have been taken into custody by American officers and 
shortly thereafter released. The Department is of the opinion that 
the two incidents have no essential resemblance. Major Robertson 
arrived in the United States as an individual and not as a part of 
an organized military body traveling together. The United States, 
therefore, in its governmental capacity as a neutral, was not bound 
under the principles of international law to intern him or to inter- 
fere with his freedom of movement so long as his conduct did not 
infringe the proprieties of international or municipal law. 

The Department regrets, therefore, to advise you that this Gov- 
ernment, after having carefully reexamined the case, does not see 
its way to release the officers and their orderlies in question, or to 
consider them other than as a part of the complement of H. M. S. 
Geier, which the United States Government has been under the neces- 
sity of having interned during the continuance of the present war. 
Accept, etc., Robert Lansing. 



The Secretary of State to the German Ambassador. 

Department of State, 
Excellency : Washington, March 18, 1915. 

The Department of State has received from the Navy Department 
the report of the board of naval officers who made an examination of 
H. M. S. Prinz Eitel Friedrich, now in the harbor of Newport News, 
Va., with a view to ascertaining the repairs necessary to put the 
vessel in a thoroughly seaworthy condition, and from this report it 
appears that the time required for these repairs will be a period of 
fourteen working days. The Government has concluded, therefore, 
that H. M. S. Prinz Eitel Friedrich will be allowed until midnight 
of the close of the 6th day of April next to complete her repairs, and 
that she will be allowed twenty-four hours in addition, or until mid- 
night of the 7th day of April, to leave the territorial waters of the 
United States, or failing this that she will be under the necessity of 
accepting internment within American jurisdiction during the con- 
tinuance of the wars in which your country is now engaged. 

This information has been confidentially conveyed to the Treasury 
Department with the request that it be transmitted immediately to 
the commander of H. M. S. Prinz Eitel Friedrich. 

Accept, etc., W. J. Bryan. 



160 DIPLOMATIC CORRESPONDENCE BETWEEN 

The German Ambassador to the Secretary of State. 
[Translation.] 

Imperial German Embassy, 
Washington, D. C, April 8, 1915. 
Mr. Secretary op State: 

I have the honor to express to Your Excellency my most sincere 
thanks for the accommodating treatment accorded EL M. S. Prinz 
Eitel Friedrich during her stay at Newport News. I have been espe- 
cially gratified to hear that the Government of the United States 
had taken far-reaching safety measures for the protection of the ship 
from the various menaces of an attack. 

I venture therefore respectfully to beg Your Excellency kindly to 
convey this expression of my thanks to the Departments and officials 
concerned. Neither shall I fail to apprize my Government of the 
attention shown H. M. S. Prinz Eitel Friedrich. 

Accept, etc., J. Bernstorpp. 



The German Ambassador to the Secretary of State. 

[Translation.] 

Imperial German Embassy, 
Washington, D. C, April 12, 1915. 
Mr. Secretary op State: 

In continuation of my note of the 11th instant x I have the honor 
to inform Your Excellency that H. M. S. Kronprinz Wilhelm would 
like to land at Newport News sixty-one persons belonging to the 
crews of enemy vessels sunk by her. 

The ship further stands in urgent need of repairs to restore her 
seaworthiness and has to replenish her supply of coal and provisions. 
The commander has asked me to procure for him permission to 
undergo the aforesaid necessary repairs at the Newport News ship- 
yard, and announced that the extent and time of the repairs could 
only be made known upon the completion of the survey now on foot. 

In compliance with the request of the commander of H. M. S. 
Kronprinz Wilhelm, I beg Your Excellency to take the necessary 
measures and in particular to allow the ship to stay at Newport News 

1 Not printed. 



THE UNITED STATES AND GERMANY 161 

beyond fhe twenty-four hours prescribed by law in accordance with 
Article 14 of the 13th Convention of the 2d Conference of The Hague 
of October 18, 1907. 

Accept, etc., For the Imperial Ambassador, 

Haniel. 



The Secretary of State to the German Ambassador. 

Department op State, 
Washington, April 21, 1915. 

Excellency : 

In reply to your note of the 12th instant requesting the hospi- 
tality of the port of Norfolk for H. M. S. Kronprinz Wilhelm, I have 
the honor to inform you that the Department has received the report 
of the board of naval officers who have made an examination of the 
cruiser with a view to ascertaining the repairs which the vessel may 
undergo in American waters. From this report it appears that the 
time required for repairs will consume a period of six working days, 
but that the proposed repairs will not cover the damage to the port 
side of the cruiser incident to the service in which the vessel has been 
engaged. 

The Government has concluded, therefore, that H. M. S. Kron- 
prinz Wilhelm will be allowed until midnight of the close of the 
29th day of April next to complete the proposed repairs in the port 
of Norfolk, and that she will be allowed twenty-four hours in addi- 
tion, or until midnight of 30th day of April, to leave the territorial 
waters of the United States, or, failing this, that she will be under 
the necessity of accepting internment within American jurisdiction 
during the continuance of the wars in which your country is now 
engaged. 

It is expected that in accordance with the President's proclama- 
tions of neutrality H. M. S. Kronprinz Wilhelm will not depart from 
the port of Norfolk within twenty-four hours after a vessel of an 
opposing belligerent shall have departed therefrom. 

This information has been confidentially conveyed to the collector 
of customs at Norfolk for transmittal to the commander of the Kron- 
prinz Wilhelm. 

Accept, etc., For the Secretary of State, 

Robert Lansing. 



162 DIPLOMATIC CORRESPONDENCE BETWEEN 

Part IX. 

ESCAPE OF OFFICERS AND MEN FROM GERMAN SHIPS 
INTERNED IN THE UNITED STATES. 



The Secretary of State to the German Ambassador. 

Department of State, 
Washington, November 16, 1915. 
Excellency : 

With reference to the German vessels and crews now interned in 
American ports, I have the honor to call your attention to the follow- 
ing facts relating to the escape from time to time of certain paroled 
officers and men from these vessels. 

On October 10, 1915, six officers, Vizesteuermann Heinrich Hoff- 
man, Heinrich Ruedebusch, Wilhelm Forstreuter, Erich Biermann, 
and Ing. Aspirants Julius Lustfeld and Walter Fischer, of the Ger- 
man cruiser Kronprinz 'Wilhelm, interned at Norfolk, Va., re- 
ceived permission to go ashore and to return by 8 a. m. October 11. 
These officers have not been seen since, and are supposed to have 
departed on board the yacht Eclipse, which was purchased by Vize- 
steuermann Hoffman shortly before their departure. 

On September 29, 1915, Marine Stabsarzt, Dr. Kreuger Kroneck, 
and Lieutenant zur See Koch, of the German cruiser Prinz Eitel 
Friedrich, were given permission to go on a visit to New York City 
and Niagara Falls and to return to their ship on October 16th. These 
officers, however, have not returned to their ship and were seen in 
the Pennsylvania Railroad Station, New York City, on October 17. 

The German cruiser Prinz Eitel Freidrich arrived in American 
jurisdiction on March 10th, 1915, and was interned on April 9th, 
1915. On March 10th, the Commanding Officer was directed to allow 
none of his officers or crew on shore for the present. The Commander 
acknowledged the receipt of this notice and stated that he would act 
accordingly. On March 12th the Commanding Officer asked per- 
mission for his officers and men to go ashore, if they did not leave 
Newport News. On March 17, 1915, two days prior to the granting 
of the Commander's request, the Executive Officer, i.e., the second 
officer in command, Otto Brauer, left the ship. The Department now 
has reliable information that Brauer has returned to Germany and 
is on duty on board the Cruiser Lutzow at Danzig. 



THE UNITED STATES AND GERMANY 163 

Dr. Nolte was granted leave of absence from the Prinz Eitel 
Friedrich to go to Newport News and Old Point Comfort, Va., 
and return on May 13th last. Dr. Nolte has not, as yet, returned 
to his ship. 

On or about June 14, 1915, Herman Deike, Engineer Officer of the 
Locksun, interned at Honolulu, left his ship and is yet absent in vio- 
lation of his parole. 

In view of the apparent disregard of these members of the com- 
plements of the interned vessels at Norfolk for their word of honor 
while on parole, the Navy Department, on October 14, 1915, was 
under the necessity of ordering that no officers or men be allowed 
to leave the ships until the absent officers and seamen had returned. 

Notwithstanding this order, on October 15, 1915, two members 
of the crew of the Kronprinz Wilhelm attempted to board the Dutch 
steamship Maar Tensdyk at Newport News, in an endeavor to escape. 
Seaman Sturm was apprehended and his companion, Seaman Kasper, 
returned to the Kronprinz Wilhelm of his own volition. Also, on 
November 12, 1915, Fireman Thiery was found absent from the 
Prinz Eitel Friedrich at muster, having escaped from his ship. 

The incidents related have occurred notwithstanding the fact that 
at the time of the internment of these vessels each Commanding 
Officer gave a pledge for ''himself, officers, and crews not to commit 
any unneutral acts and not to leave limits prescribed in paroles." 
I therefore regret to have to inform Your Excellency that the United 
States Government regards the actions of these men as contrary to 
its express instructions and as breaches of the honorable conduct to 
be expected of officers and men of visiting and interned ships of war 
of a belligerent nation, and that consequently the Government has 
been forced to discontinue the custom of paroling the interned offi- 
cers and men on their honor and otherwise to circumscribe the very 
liberal privileges which they have heretofore been allowed to enjoy. 

It will be recalled that during the Russo-Japanese War, when the 
Russian Ship Lena was interned by United States Authorities on the 
Pacific coast, three officers of that ship escaped and returned to 
Russia; and that upon the Government of the United States calling 
the matter to the attention of the Russian Government it immedi- 
ately caused the escaped officers to return to American jurisdiction, 
where they were interned for the remainder of the war. 

This precedent this Government regards as in accord with the best 
practice of nations and applicable to the cases which I have had the 
honor to present in this note. 



164 DIPLOMATIC CORRESPONDENCE BETWEEN 

I have no doubt, therefore, that upon Your Excellency's calling 
these incidents to the attention of the Imperial German Government, 
that Government will promptly direct that Otto Brauer and any 
others of the men mentioned who may now be within German juris- 
diction, or who may hereafter come within such jurisdiction, be 
promptly returned to this country for internment with their respec- 
tive ships. 

Accept, etc., Robert Lansing. 



The Secretary of State to Ambassador Gerard. 

[Telegram — Paraphrase.] 

Department of State, 
Washington, November 17, 1915. 
Mr. .Gerard is informed that the Department of State in a note 
dated November 16, 1915, called the attention of the German Ambas- 
sador at Washington to the escape at intervals of certain paroled 
German officers and men from ships interned in United States ports. 
The German Ambassador was also given full facts, giving officers' 
names and the circumstances under which they escaped. The Am- 
bassador's attention was called to the ease of the escape during the 
war between Russia and Japan of three officers of an interned Rus- 
sian vessel, and that the American Government called the matter to 
the attention of the Government of Russia, who immediately caused 
the return of the escaped officers to American jurisdiction. The 
Ambassador was informed that this precedent is regarded as in accord 
with the practice of nations in the past and as applicable to the cases 
which are cited in the Department's note. The Department also 
stated that it had no doubt that the Ambassador would bring the 
facts promptly to the German Government's attention and that the 
German Government would direct the prompt return to the United 
States for internment with their respective vessels of the escaped 
officers and men who may now be or who may hereafter come within 
German jurisdiction. 



The German Ambassador to the Secretary of State. 

German Embassy, 
Washington, November 22, 1915. 
My dear Mr. Secretary: 

The Commanding Officer of H. M. S. Prinz Eitel Friedrich, in- 
forms me that the officers and crews of the interned German cruisers 
at Portsmouth, Va., are to be photographed by an order of the Com- 



THE UNITED STATES AND GERMANY 165 

mandant of the Navy Yard at said place apparently as a means of 
preventing further escapes. Captain Thierichens for obvious reasons 
before complying has asked for further instructions. I realize that 
the deplorable escapes of the past, although inspired by patriotic 
motives, justify strict methods of surveillance, but believing that 
effective measures already have been taken to insure further escapes 
I would appreciate it greatly if these officers and crews could be 
spared the humiliation of having their photographs taken. 

I am, etc., J. Bernstorfp. 



The Secretary of State to the German Ambassador. 

Department of State, 
Washington, November 23, 1915. 
My dear Mr. Ambassador: 

I am in receipt of your letter of the 22d in regard to the photo- 
graphing of the crews of the interned German cruisers at Ports- 
mouth, Va. 

I have had a conversation with the Secretary of the Navy on the 
subject and we have reached the conclusion that in view of the objec- 
tions raised by the Commanding Officers of the cruisers the photo- 
graphing of the crews will not take place at the present time. 

I can assure you that it was with no purpose of humiliating the 
Germans who are interned that this plan was proposed, but you must 
realize that the violation of paroles by certain of the officers and 
members of the crews of these vessels has caused much embarrass- 
ment to this Government. I am convinced that you, as well as the 
Commanding Officers, are desirous that the honor of the German Navy 
should be preserved, and that the authorities here should apprehend 
any who violate their word. As the most expedient and practical 
plan of accomplishing this was to have the portraits of those who 
might escape published, it was thought well to photograph all the 
members of the crew as well as the officers. I cannot see, in view of 
what has occurred, why there should be any objection to this being 
done, but since it is so we will take other means to prevent a repeti- 
tion of the escapes, although I consider that the redoubling of the 
vigilance of our naval Authorities is even more humiliation to the 
interned than to be photographed. 

I am, etc., Robert Lansing. 



166 DIPLOMATIC CORRESPONDENCE BETWEEN 

The German Ambassador to the Secretary of State. 
[Translation.] 

German Embassy, 
Washington, November 24, 1915. 
Mr. Secretary op State: 

Pursuant to your kind note No. 1661 of the 16th instant, I first 
called in the commanding officers of H. M. S. Kronprinz Wilhelm and 
Prim Eitel Friedrich for an explanation of the disappearance of 
some members of their crews. It appears from their report that the 
following petty officers left their ships in a dingey at about 4 o'clock 
on Sunday, the 10th of October: Quartermaster Ruedebusch, Hoff- 
mann, Biermann, Forstreuter, Engineer Aspirants Lustfeld and 
Fischer. The commanding officer of H. M. S. Kronprinz Wilhelm 
reported the occurrence to the Commandant of the Newport News 
Navy Yard on the 15th ultimo. How the fugitives made good their 
escape could not be ascertained. Marine Staff surgeon Dr. Kruger- 
Kroneck and Lieutenant Koch have not returned from the leave that 
was granted them. The clandestine disappearance of Dr. Kruger- 
Kroneck is all the more unaccountable as he, being a physician, might 
have obtained release from internment in the same way as it was 
accommodatingly granted to a number of surgeons of the interned 
ships. Press reports indicate that Lieutenant Koch is now a prisoner 
in England. The present whereabouts of all the other absconders is 
not known to me or their superior officers. 

Captain Lieutenant Bauer was still on board H. M. S. Prinz Eitel 
Friedrich on March 16, but was no longer there on the 17th. Until 
then the commanding officer had no other directions than that of 
letting no one go on shore and had accordingly notified his officers 
and men that there was no shore leave to be had for the time being. 
Not until the 19th of March did he receive permission for his crew 
to get leave to go to certain defined places on land: "Officers on 
parole and men under guard of American soldiers." Captain Lieu- 
tenant Koch therefore could not have broken his parole, but merely 
disobeyed orders. There can be no question, therefore, of his being 
sent back to the United States on the above-stated ground. 

As for the seamen, Sturm and Kasper, they left the Kronprinz 
Wilhelm as early as October 14; +heir attempt to escape took place 
before the time when the Navy Department's order that no one 
should leave the ship became known to the ship as October 15, it 
being dated October 14. 

I believe the foregoing particulars will prove of some help in 
clearing up the matter, which I have reported to my Government. 

Accept, etc., J. Bernstorff. 



THE UNITED STATES AND GERMANY 167 

The Secretary of State to Ambassador Gerard. 
[Telegram — Paraphrase.] 

Department op State, 
Washington, December 22, 1915. 
Mr Gerard is directed to inquire at the German Foreign Office 
as to whether the matter of the escape of interned German officers 
and m"n has been called to the attention of the Foreign Office ^ by 
the German Ambassador in Washington, and if so to urge that the 
"reprSations of the Department of State to the German Ambw- 
sador be promptly replied to by the German Government. A report 
by cable is requested. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, February 21, 1916. 
Sir- With reference to my telegram No. 3508 of February 19, 1916 
I have the honor to transmit herewith to the Department a copy and 
translation of the Foreign Office's note, dated February 16, 1916, 
regarding the escape of officers and men from the German auxiliary 
cruisers Kronprinz Wilhclm and Prim Eitel Friedricli, at present 
interned in American ports. 

I have, etc., For the Ambassador, 

J. C. Grew. 



[Inclosure— Translation.] 

Foreign Office, 
Berlin, February 16, 1916. 
The undersigned has the honor to inform His Excellency, the 
American AmbaSador, Mr. James W. Gerard, in answer to the com- 
mXcSn of December 24, 1915, regarding the escape of officers 
Tnd men Som the German auxiliary cruisers Kronprinz WW 
PrinzEitel Friedricli, at present interned in American ports that the 
matt r has been brought I the attention of the German Naval t Admin 
Oration According to the investigations made by the latter, tne 
oommanderf of 'the two auxiliary cruisers, unfortunately, did not 
SS^nSart thrir officers a'nd ^.«J»f^ "SSK 
of the ^assurance" ("Versieherung") given by them. Moreover, 



168 DIPLOMATIC CORRESPONDENCE BETWEEN 

the expression "pledge" chosen by Rear Admiral Beatty in his letter 
to the commanders does not conform absolutely to the idea of the 
"word of honor" (Ehrenwort). The persons who escaped, therefore, 
were obviously convinced that they would not, through their act, 
render themselves guilty of a breach of their word of honor. 

The German Government acknowledges the fact, however, that 
the members of the crew — and only they — who escaped after the 
"assurance" ("Versicherung") of the commanders had been given 
on April 13 and May 5, 1915, respectively, were in the wrong towards 
the American Government, and that they are to be sent back to their 
vessels. Of the persons mentioned in the note of the American Gov- 
ernment to the German Ambassador at Washington of November 16, 
1915, No. 1661, the following are therefore concerned: Marine-Stabs- 
arzt Kruger-Kroneck, Leutnant zur See Koch, Dr. Nolte, Vize-Steuer- 
mann der Reserve Hoffmann, Vize-Steuermann der Reserve Ruede- 
busch, Vize-Steuermann der Reserve Forstreuter, Vize-Steuermann 
der Reserve Biermann, Ingenieur-Aspirant der Reserve Lustfeld, 
Ingenieur-Aspirant der Reserve Fischer, Heizer Thierry. 

Of these persons, only Stabsarzt Kruger-Kroneck returned so far 
to Germany. He will be instructed to return to his vessel as soon as 
the American Government has obtained safe-conduct for him from 
the hostile Governments. 

The German Government states expressly that by the return on 
board his ship of Stabsarzt Kruger-Kroneck the question is not 
touched whether, after his return, his release later on may not have 
to be granted in accordance with The Hague Convention regarding 
the application of the rules of the Geneva Convention to naval 
warfare. 

In requesting to bring the foregoing to the attention of the Ameri- 
can Government, the undersigned avails himself, etc., 

ZlMMERMANN. 



The Secretary of State to Ambassador Gerard. 

[ Telegram — Paraphrase. ] 

Department of State, 
Washington, March 9, 1916. 
Mr. Gerard is informed that the reply of the German Foreign 
Office regarding the escape of officers and men of the German Cruisers 
at present interned in ports of the United States was referred to the 
Navy Department. In reply the position is taken by the Navy Depart- 
ment that the Kronprinz Wilhelm and the Prinz Eitel Friedrich 
sought refuge in an American port and agreed to be interned. There- 
fore, the obligation of remaining with their vessels rested wholly with 
the officers of those vessels. 



THE UNITED STATES AND GERMANY 169 

That these officers are not cognizant of the principles of inter- 
national law cannot be assumed. Promises were given in writing by 
the captains of the two vessels for themselves, the officers, and the 
crews of the vessels that they would in no way violate American neu- 
trality during their internment. It seems to be indicated by the 
answer of the German naval administration that it does not appreci- 
ate fully the seriousness of the obligation assumed thus by their naval 
representatives on the two vessels in question to remain within the 
assigned limits with the minimum of trouble to the Government of 
the country in which they are interned. They were considered as 
guests of the American Government and not as prisoners of war, and 
as such guests permission was given them to leave the navy yard 
and to visit on leave any part of the United States. Lieutenant zur 
See Koch and Dr. Kriiger-Kroneck, after having availed themselves 
of the permission mentioned to leave the limits of their intern- 
ment, failed to return as they were unquestionably bound to do. 
Furthermore, money was supplied by Dr. Kroneck with which the 
yacht Eclipse was purchased by six officers of the Kronprinz Wilkelm 
who escaped from the jurisdiction of the Government of the United 
States. Should the return of Dr. Kroneck be effected the Govern- 
ment of the United States should not consent to his release under the 
application to naval officers of the Geneva Convention rules, as on 
account of considerable sickness on the interned ships his presence 
on board is necessary. No mention is made in the reply of the Ger- 
man Foreign Office of Otto Brauer, the Executive Officer of the ship 
Prinz Eitel Friedrich, who left that ship after the captain of the 
vessel had been requested by the Government of the United States 
not to give permission to his officers or men to go on shore, which 
request was acknowledged by the captain who stated that he would 
act in accordance therewith. It cannot be conceived by the Navy 
Department that the Executive Officer, the next in command, was 
ignorant of this request of the Government of the United States. The 
departure of Otto Brauer, the Executive Officer, was taken against 
this Government's express direction, and the Navy Department is of 
the opinion that he should be returned to the jurisdiction of the 
Government of the United States. Also in the case of the engineer 
officer, Herman Dieke, of the Locksim, interned at Honolulu, who, 
while on parole, absented himself, no reply is made. The full reply 
of the Navy Department is being sent by mail to Mr. Gerard, who 
is directed to present the views of the Government of the United 
States, and to say that the Department would be glad to have an 
early reply. 



170 DIPLOMATIC CORRESPONDENCE BETWEEN 

Part X. 

ATTEMPT OF GERMAN SHIP ODENWALD TO SAIL 
WITHOUT CLEARANCE PAPERS. 



The German Ambassador to the Secretary of State. 

[Translation.] 

German Embassy, 
Washington, April 1, 1915. 
Mr. Secretary op State: 

' On the 18th of last month the German steamer Odenwald lying 
in the port of San Juan de Porto Rico applied for clearance for 
Hamburg. The collector of customs then declared that he had to 
inquire of Washington whether the steamer could be cleared. On the 
19th the steamer was subjected to a thorough search, alleged to have 
been ordered from Washington. The search, according to the state- 
ment of the collector of customs, proved satisfactory in every respect. 
The ship's cargo consisted of 1,500 tons of coal and provisions. On 
the 20th of March the same official again conducted another strict 
inspection. Clearance papers were nevertheless again refused as they 
had been the day before on the plea that no answer had yet come 
from Washington. The collector of customs urged by the agent of 
the Hamburg-American Line promised, however, to send an urgent 
telegram that night to Washington. 

Again on the next day (March 21) the ship's captain waited in 
vain for a final decision. Thus he decided to put to sea without 
clearance papers. The captain, so he asserts, found himself in a 
critical situation as further delay made the danger of enemy cruisers 
gathering worse every day. With that situation he tried to deal 
fairly in taking the course he did. 

Just before passing Buoys H C and Co the ship met with a brisk 
machine-gun fire from Morro Castle. A few minutes later a solid 
cannon shot struck the water a short distance in front of the ship's 
bow, raising a column of water from ten to twelve feet high. The 
engine was immediately stopped and backed at full speed. The for- 
ward motion of the ship ceased at once in spite of which she was 
fired upon about three minutes longer; marks of the bullets can be 
plainly seen in various places of the ship and hull. It was only 
through luck that no human life was lost in that onslaught. 

A few affidavits x fully describing the occurrence are respectfully 
inclosed with a request that they be returned. 

I have the honor to beg Your Excellency kindly to let me know 
why her papers were not delivered to the Odenwald though in the 
opinion of the harbor officials after two thorough searches of the ship 

1 Not printed. 



THE UNITED STATES AND GERMANY 171 

they had no ground upon which to refuse the said papers. Finally, 
I am unable to conceal from Your Excellency that the reckless action 
of the harbor authorities in opening fire on the steamer without 
warning does not seem to me to have been justified by the circum- 
stances of the case. It could hardly be the intention of the Ameri- 
can Government to endanger, without imperative cause, the lives of 
a ship's crew for the mere sake of insuring orderly traffic in the 
harbor. 

Accept, etc., J. Bernstorff. 



The Secretary of State to the German Ambassador. 

Department of State, 
Washington, May 3, 1915. 
Excellency : 

I have the honor to acknowledge the receipt of Your Excellency's 
note of April 1 last in relation to the refusal of the United States 
collector of customs at San Juan, Porto Rico, to clear the German 
steamer Odenwald for Hamburg with a cargo of 1,500 tons of coal 
and provisions. Your Excellency reviews certain circumstances con- 
nected with this incident and states that after two thorough searches 
of the vessel, application for clearance was denied by the collector 
on the plea that he had as yet received no instructions from Wash- 
ington authorizing clearance and that the captain finally decided to 
put to sea without clearance papers, as further delay would cause 
increased danger from enemy cruisers which were gathering off the 
port. 

Your Excellency further states that as the ship was leaving the 
harbor on the afternoon of Sunday, March 21, she "met with a brisk 
machine-gun fire from Morro Castle. A few minutes later a solid 
cannon shot struck the water a short distance in front of the ship's 
bow, raising a column of water from ten to twelve feet high. The 
engine was immediately stopped and backed at full speed. The for- 
ward motion of the ship ceased at once, in spite of which she was 
fired upon about three minutes longer. Marks of the bullets can be 
plainly seen in various places of the ship and hull. It was only 
through luck that no human life was lost in that onslaught." 

The foregoing statements are based on affidavits by the German 
Consul in Porto Rico, the captain of the Odenwald, the first officer, 
the third officer, and the chief engineer, which you inclosed. 

Your Excellency requests to be advised as to why the Odenwald 's 
clearance papers were refused, though in the opinion of the harbor 



172 DIPLOMATIC CORRESPONDENCE BETWEEN 

officials, after two thorough inspections of the vessel, there was no 
ground upon which to decline to issue the papers, and Your Excel- 
lency declares that "the reckless action of the harbor authorities 
in opening fire on the steamer without warning" does not seem to 
you to have been "justified by the circumstances of the case, as it 
could hardly be the intention of the American Government to en- 
danger, without imperative cause, the lives of a ship's crew for the 
mere sake of insuring orderly traffic in the harbor." 

In reply I have the honor to state that upon the report to this 
Government by the authorities at San Juan of certain circumstances 
surrounding the preparation of the Odenwald for sea an investiga- 
tion was immediately instituted. Until the investigation was con- 
cluded and acted upon at Washington, the authorities at San Juan 
were instructed to decline to issue clearance papers to the Odenwald. 
While this investigation was pending, and while the collector of cus- 
toms at San Juan was acting under these instructions, the captain 
of the Odenwald reached the determination that he would depart 
without authorized clearance and in open violation of the customs 
laws of the United States. Circumstances, which it does not seem 
necessary to relate here, have shown that the suspicions as to the 
bona fides of the application for clearance, which had been aroused 
by the preparations for sailing by the officers of the Odenwald, acting 
in conjunction with the officers of the German steamer President, 
lying in the same harbor, were well founded, and that this Govern- 
ment and its officers at San Juan were justified in the course which 
they took in deferring the clearance of the Odenwald. Irrespective 
of the substantial grounds for the suspicions of the port officials at 
San Juan, the fact remains that the Odenwald in her endeavor to 
leave port on March 21 last without papers committed a willful 
breach of the navigation laws of the United States, because of which 
judicial proceedings have been brought by the United States against 
the vessel and the persons concerned in her illegal conduct which 
make it necessary for the United States authorities to employ force 
to prevent her unauthorized departure on a mission which this Gov- 
ernment felt at the time might constitute a breach of the neutrality 
of the United States and result in a possible claim for lack of due 
diligence on the part of this Government in performing its neutral 
duties. 

As to the assertion that the reckless action of the port authorities 
in their exercise of force endangered human lives on board the Oden- 
wald, I have the honor to inform Your Excellency that this Govern- 



THE UNITED STATES AND GERMANY 173 

ment has had instituted a thorough and searching investigation into 
the circumstances of the attempted sailing and arrest of the den- 
wold on March 21. The result of this investigation, which is sup- 
ported by the statements and affidavits of the officers of the cus- 
toms, as well as of the military officers in charge of the defenses of 
the port, establish the following facts : 

On March 19, at a conference between the collector of customs, 
Col. Burnham, United States Army, the German consul, the captain 
of the Odenwald, and others, the captain of the vessel was informed 
by Col. Burnham that the latter would use whatever force was neces- 
sary in order to prevent the Odenwald from leaving port without 
the necessary custom-house clearance and that he would go to the 
length of using the guns of his command in the forts for this purpose. 
On March 20, at another conference between the same persons, a 
similar statement was made to the captain of the Odenwald, and it 
was arranged to place an armed party on board the vessel, unless 
the captain, the vessel's agents, and the German consul would give 
assurances that no attempt would be made to leave without proper 
papers. Promises were given not to leave during the night of March 
20-21. Nevertheless, it was discovered in the early morning hours 
of the 21st that officers from the German steamer President had 
boarded the Odenwald and that the machinery of the Odenwald was 
being put in motion. The port authorities thereupon again notified 
the chief officer of the Odenwald not to depart without clearance 
papers, warning him that the vessel would be closely watched and 
would be stopped by force if necessary. 

On March 21, at about 3 p. m., the Odenwald raised anchor and 
started her engines. The customs officer on board the vessel at the 
time was told by the captain that if he desired to go ashore he could 
take the sail boat of the steamer President, which was at the gang- 
way. The Odenwald had moved ahead about five lengths when the 
customs officers notified the captain that the vessel could not leave' 
port without clearance papers. Notwithstanding this notice the vessel 
continued in motion, and the officer was under the necessity of leav- 
ing the ship while she was under weight. 

As she passed San Augustin Bastion, 500 feet from Morro Castle, 
Captain Wood, United States Army, who was there stationed with a 
machine gun, hailed the vessel several times and ordered her to stop, 
in circumstances which made it impossible for the officers of the 
vessel not to have heard the order. The Odenwald nevertheless con- 
tinued on her course, whereupon about seventy-five shots were fired 



174 DIPLOMATIC CORRESPONDENCE BETWEEN 

from the machine gun mounted on the bastion. These shots were 
aimed and fell a considerable distance in front and short of the 
Odenwald. In order not to endanger craft which appeared ahead 
of the Odenwald as she proceeded, fifteen shots were fired from the 
machine gun, which fell off the stern of the vessel. Although these 
were small solid shots, they were used as a warning, because it is 
not possible to use blank cartridges in a machine gun. The machine 
gun was not aimed at the Odenwald, nor did any of the shots strike 
the vessel. Any marks on the Odenwald' s hull, which is old and 
scarred through many months of sea service, were made by other 
causes than by machine-gun bullets striking the vessel, according to 
the proofs laid before this Government. 

The Odenwald did not heed this warning or slacken her speed. 
Thereupon a 4.7-inch gun on the Morro Castle was aimed and fired 
under the personal direction of Col. Burnham. The shot struck at 
least 300 yards in front of the Odenwald and short of her projected 
course. The vessel then stopped and was taken back to her anchor- 
age under the direction of a pilot. No machine-gun shots could have 
been fired from Morro Castle, as no machine guns are mounted at 
that fort. 

It will be observed that six distinct warnings were given to the 
captain of the Odenwald that force would be used in case he attempted 
to leave the harbor without the clearance papers required by law, 
namely, at the conferences on March 19 and March 20, twice by the 
customs officers on board the vessel on March 21, by the orders of 
Captain Wood from the bastion, and by the shots from his machine 
gun. None of these warnings was heeded by the captain, who persisted 
in his determination to leave port in violation of the laws of the United 
States, until the warning shot from Morro Castle induced him to obey 
the regulations of the port. 

Your Excellency will perceive from the foregoing statement of 
facts that the United States authorities at San Juan in the perform- 
ance of their duties avoided any act endangering the safety of the 
vessel and the lives of the persons on board and exercised no greater 
force than was necessary to prevent the illegal departure of the 
Odenwald from the port of San Juan. 

I have the honor, in accordance with Your Excellency's request, 
to return herewith the affidavits transmitted with your note under 
acknowledgment. 

Accept, etc., W. J. Bryan. 



THE UNITED STATES AND GERMANY 175 

Part XI. 
CASE OF THE WILLIAM P. FRYE. 



The Secretary of State to Ambassador Gerard. 

[Telegram.] 

Department of State, 
Washington, March 31, 1915. 
You are instructed to present the following note to the German 
Foreign Office: 

Under instructions from my Government I have the honor to pre- 
sent a claim for $228,059.54, with interest from January 28, 1915, 
against the German Government on behalf of the owners and captain 
of the American sailing vessel William P. Frye for damages suffered 
by them on account of the destruction of that vessel on the high seas 
by the German armed cruiser Prinz Eitel Friedrich, on January 
28, 1915. 

The facts upon which this claim arises and by reason of which 
the German Government is held responsible by the Government of 
the United States for the attendant loss and damages are briefly as 
follows : 

The William P. Frye, a steel sailing vessel of 3,374 tons gross ton- 
nage, owned by American citizens and sailing under the United States 
flag and register, cleared from Seattle, Wash., November 4, 1914, 
under charter to M. H. Houser, of Portland, Ore., bound for Queens- 
town, Falmouth, or Plymouth for orders, with a cargo consisting 
solely of 186,950 bushels of wheat owned by the aforesaid Houser and 
consigned "unto order or to its assigns," all of which appears from 
the ship's papers which were taken from the vessel at the time of 
her destruction by the commander of the German cruiser. 

On January 27, 1915, the Prinz Eitel Friedrich encountered the 
Frye on the high seas, compelled her to stop, and sent on board an 
armed boarding party, who took possession. After an examination 
of the ship's papers the commander of the cruiser directed that the 
cargo be thrown overboard, but subsequently decided to destroy the 
vessel, and on the following morning, by his order, the Frye was sunk. 

The claim of the owners and captain consists of the following 
items : 

Value of ship, equipment, and outfit $150,000.00 

Actual freight as per freight list, 5034 
1000/2240 tons at 32-6— £8180-19-6 at 
$4.86 39,759.54 

Traveling and other expenses of Capt. 



176 DIPLOMATIC CORRESPONDENCE BETWEEN 

Kiehne and Arthur Sewall & Co., agents 
of ship, in connection with making affi- 
davits, preparing and filing claim 500.00 

Personal effects of Capt. H. H. Kiehne... 300.00 

Damages covering loss due to deprivation of 

use of ship 37,500.00 

Total $228,059.54 

By direction of my Government, I have the honor to request that 
full reparation be made by the German Government for the destruc- 
tion of the William P. Frye by the German cruiser Prinz Eitel 
Friedrich. Bryan. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, April 5, 1915. 

The following is translation of the reply of the Foreign Office 
to my note of April 3 : 

German Foreign Office, 

Berlin, April 5, 1915. 

The undersigned has the honor to make reply to the note of his 
Excellency, Mr. James W. Gerard, Ambassador, the United States 
of America, dated the 3d instant, Foreign Office No. 2892, relative to 
claims for damages for the sinking of the American merchant vessel 
William P. Frye by the German auxiliary cruiser Prinz Eitel Fried- 
rich. 

According to the reports which have reached the German Govern- 
ment the commander of the Prinz Eitel Friedrich stopped the William 
P. Frye on the high seas January 27, 1915, and searched her. He 
found on board a cargo of wheat consigned to Queenstown, Falmouth, 
or Plymouth to order. After he had first tried to remove the cargo 
from the William P. Frye he took the ship's papers and her crew 
on board and sank ship. 

It results from these facts that the German commander acted quite 
in accordance with the principles of international law as laid down 
in the Declaration of London and the German prize ordinance. The 
ports of Queenstown, Falmouth, and Plymouth, whither the ship 
visited was bound, are strongly fortified English coast places, which, 
moreover, serve as bases for the British naval forces. The cargo of 
wheat being food or foodstuffs, was conditional contraband within 
the meaning of Article 24, No. 1, of the Declaration of London, and 
Article 23, No. 1, of the German prize ordinance, and was therefore 
to be considered as destined for the armed forces of the enemy, pur- 
suant to Articles 33 and 34 of the Declaration of London and Articles 
32 and 33 of the German prize ordinance, and to be treated as contra- 



THE UNITED STATES AND GERMANY 177 

band pending proof of the contrary. This proof was certainly not 
capable of being adduced at the time of the visiting of the vessel, 
since the cargo papers read to order. This, however, furnished the 
conditions under which, pursuant to Article 49 of the Declaration of 
London and Article 113 of the German prize ordinance the sinking 
of the ship was permissible, since it was not possible for the auxiliary 
cruiser to take the prize into a German port without involving danger 
to its own security or the success of its operations. The duties devolv- 
ing upon the cruiser before destruction of the ship, pursuant to Article 
50 of the Declaration of London and Article 116 of the German prize 
ordinance, were fulfilled by the cruiser in that it took on board all 
the persons found on the sailing vessel, as well as the ship's papers. 

The legality of the measures taken by the German commander is 
furthermore subject to examination by the German prize court pur- 
suant to Article 51 of the Declaration of London and section 1, No. 2, 
of the German Code of Prize Procedure. These prize proceedings 
will be instituted before the prize court at Hamburg as soon as the 
ship's papers are received and will comprise the settlement of ques- 
tions whether the destruction of the cargo and the ship was necessary 
within the meaning of Article 49 of the Declaration of London ; 
whether the property sunk was liable to capture ; and whether, or to 
what extent, indemnity is to be awarded the owners. In the trial 
the owners of ship and cargo would be at liberty, pursuant to Article 
34, paragraph 3, of the Declaration of London, to adduce proof that 
the cargo of wheat had an innocent destination and did not, there- 
fore, have the character of contraband. If such proof is not adduced, 
the German Government would not be liable for any compensation 
whatever, according to the general principles of international law. 

However, the legal situation is somewhat different in the light of 
the special stipulations applicable to the relations between Germany 
and the United States since Article 13 of the Prussian- American treaty 
of friendship and commerce of July 11, 1799, taken in connection 
with Article 12 of Prussian-American treaty of commerce and navi- 
gation of May 1, 1828, provides that contraband belonging to the 
subjects or citizens of either party cannot be confiscated by the other 
in any case but only detained or used in consideration of payment of 
the full value of the same. On the ground of this treaty stipulation 
which is as a matter of course binding on the German prize court 
the American owners of ship and cargo would receive compensation 
even if the court should declare the cargo of wheat to be contraband. 
Nevertheless the approaching prize proceedings are not rendered 
superfluous since the competent prize court must examine into the 
legality of the capture and destruction and also pronounce upon the 
standing of the claimants and the amount of indemnity. 

The undersigned begs to suggest that the Ambassador bring the 
above to the knowledge of his Government and avails himself, etc. 

(Signed) Jagow. 

April 4, 1915. 

Gerard. 



178 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Secretary of State to Ambassador Gerard. 

Department of State, 
Washington, April 28, 1915. 

You are instructed to present the following note to the German 

Foreign Office: 

In reply to Your Excellency's note of the 5th instant, which the 
Government of the United States understands admits the liability 
of the Imperial German Government for the damages resulting from 
the sinking of the American sailing vessel William P. Frye by the 
German auxiliary cruiser Prinz Eitel Friedrich on January 28 last, 
I have the honor to say, by direction of my Government, that while 
the promptness with which the Imperial German Government has 
admitted its liability is highly appreciated, my Government feels 
that it would be inappropriate in the circumstances of this case, and 
would involve unnecessary delay to adopt the suggestion in your 
note that the legality of the capture and destruction, the standing of 
the claimants, and the amount of indemnity should be submitted to 
a prize court. 

Unquestionably the destruction of this vessel was a violation of the 
obligations imposed upon the Imperial German Government under 
existing treaty stipulations between the United States and Prussia, 
and the United States Government, by virtue of its treaty rights, 
has presented to the Imperial German Government a claim for indem- 
nity on account of the resulting damages suffered by American citi- 
zens. The liability of the Imperial German Government and the 
standing of the claimants as American citizens and the amount of 
indemnity are all questions which lend themselves to diplomatic nego- 
tiation between the two Governments, and happily the question of 
liability has already been settled in that way. The status of the 
claimants and the amount of the indemnity are the only questions 
remaining to be settled, and it is appropriate that they should be 
dealt with in the same way. 

The Government of the United States fully understands that, as 
stated in Your Excellency's note, the German Government is liable 
under the treaty provisions above mentioned for the damages arising 
from the destruction of the cargo as well as from the destruction of 
the vessel. But it will be observed that the claim under discussion 
does not include damages for the destruction of the cargo, and the 
question of the value of the cargo therefore is not involved in the 
present discussion. 

The Government of the United States recognizes that the German 
Government will wish to be satisfied as to the American ownership 
of the vessel, and the amount of the damages sustained in consequence 
of her destruction. 

These matters are readily ascertainable and if the German Gov- 
ernment desires any further evidence in substantiation of the claim 
on these points in addition to that furnished by the ship's papers, 



THE UNITED STATES AND GERMANY 179 

which are already in the possession of the German Government, any- 
additional evidence found necessary will ue produced. In that case, 
however, inasmuch as any evidence which the German Government 
may wish to have produced is more accessible and can more con- 
veniently be examined in the United States than elsewhere, on account 
of the presence there of the owners and captain of the William P. 
Frye and their documentary records, and other possible witnesses, 
the Government of the United States ventures to suggest the advisa- 
bility of transferring the negotiations for the settlement of these 
points to the Imperial German Embassy at Washington. 

In view of the admission of liability by reason of specific treaty 
stipulations, it has become unnecessary to enter into a discussion of 
the meaning and effect of the Declaration of London, which is given 
some prominence in Your Excellency's note of April 5, further than 
to say that, as the German Government has already been advised, the 
Government of the United States does not regard the Declaration of 
London as in force. Bryan. 



Ambassador Gerard to the Secretary of State. 
[Telegram.] 

American Embassy, 
Berlin, June 7, 1915. 
The following is the text of the reply of the German Government 
in the Frye case : 

The undersigned has the honor to make the following reply to the 
note of His Excellency Mr. James W. Gerard, Ambassador of the 
United States of America, dated April 30, 1915 (F. 0. No. 3291), 
on the subject of the sinking of the American sailing vessel William 
P. Frye by the German auxiliary cruiser Prim Eitel Friedrich: 

The German Government cannot admit that, as the American 
Government assumes, the destruction of the sailing vessel mentioned 
constitutes a violation of the treaties concluded between Prussia and 
the United States at an earlier date and now applicable to the rela- 
tions between the German Empire and the United States or of the 
American rights derived therefrom. For these treaties did not have 
the intention of depriving one of the contracting parties engaged in 
war of the right of stopping the supply of contraband to his enemy 
when he recognizes the supply of such articles as detrimental to his 
military interests. On the contrary, Article 13 of the Prussian- 
American Treaty of July 11, 1799, expressly reserves to the party 
at war the right to stop the carrying of contraband and to detain 
the contraband; it follows then that if it cannot be accomplished in 



180 DIPLOMATIC CORRESPONDENCE BETWEEN 

any other way, the stopping of the supply may in the extreme case 
be effected by the destruction of the contraband and of the ship 
carrying it. As a matter of course, the obligation of the party at 
war to pay compensation to the interested persons of the neutral 
contracting party remains in force whatever be the manner of stop- 
ping the supply. 

According to general principles of international law, any exer- 
cise of the right of control over the trade in contraband is subject 
to the decision of the Prize Courts, even though such right may be 
restricted by special treaties. At the beginning of the present wa* 
Germany, pursuant to these principles, established by law prize juris- 
diction for cases of the kind under consideration. The case of the 
William P. Frye is likewise subject to the German prize jurisdiction, 
for the Prussian- American Treaties mentioned contain no stipulation 
as to how the amount of the compensation provided by Article 13 of 
the treaty cited is to be fixed. The German Government, therefore, 
complies with its treaty obligations to a full extent when the Prize 
Courts instituted by it in accordance with international law proceed 
in pursuance of the treaty stipulations and thus award the American 
interested persons equitable indemnity. There would, therefore, be 
no foundation for a claim of the American Government, unless the 
Prize Courts should not grant indemnity in accordance with the 
treaty; in such an event, however, the German Government would 
not hesitate to arrange for equitable indemnity notwithstanding. 
For the rest, prize proceedings in the case of the Frye are indis- 
pensable, apart from the American claims, for the reason that other 
claims of neutral and enemy interested parties are to be considered 
in the matter. 

As was stated in the note of April 4 last, the Prize Court will 
have to decide the questions whether the destruction of the ship and 
cargo was legal; whether and under what conditions the property 
sunk was liable to confiscation, and to whom and in what amount 
indemnity is to be paid provided application therefor is received. 
Since the decision of the Prize Court must first be awaited before 
any further position is taken by the German Government, the simplest 
way for the American interested parties to settle their claims would 
be to enter them in the competent quarter in accordance with the 
provisions of the German Code of Prize Procedure. 

The undersigned begs to suggest that the Ambassador bring the 
above to the knowledge of his Government, and avails himself at 
the same time of the opportunity to renew the assurances of his most 
distinguished consideration. 

(Signed) v. Jagow. 

Gerard. 



THE UNITED STATES AND GERMANY 181 

The Secretary of State to Ambassador Gerard. 

[Telegram.] 

Department of State, 
Washington, June 24, 1915. 
You are instructed to present the following note to the German 
Minister of Foreign Affairs : 

I have the honor to inform Your Excellency that I duly communi- 
cated to my Government your note of the 7th instant on the sub- 
ject of the claim presented in my note of April 3d last, on behalf 
of the owners and captain of the American sailing vessel William P. 
Frye in consequence of her destruction by the German auxiliary 
cruiser Prinz Eitel Friedrich. 

In reply I am instructed by my Government to say that it has 
carefully considered the reasons given by the Imperial German Gov- 
ernment for urging that this claim should be passed upon by the 
German Prize Court instead of being settled by direct diplomatic 
discussion between the two Governments, as proposed by the Govern- 
ment of the United States, and that it regrets to find that it cannot 
concur in the conclusions reached by the Imperial German Govern- 
ment. 

As pointed out in my last note to you on this subject, dated April 
30, the Government of the United States has considered that the only 
question under discussion was the method which should be adopted 
for ascertaining the amount of the indemnity to be paid under an 
admitted liability, and it notes with surprise that in addition to this 
question the Imperial German Government now desires to raise some 
questions as to the meaning and effect of the treaty stipulations under 
which it has admitted its liability. 

If the Government of the United States correctly understands the 
position of the Imperial German Government as now presented, it is 
that the provisions of Article 13 of the Treaty of 1799 between the 
United States and Prussia, which is continued in force by the Treaty 
of 1828, justified the commander of the Prinz Eitel Friedrich in 
sinking the William P. Frye, although making the Imperial German 
Government liable for the damages suffered in consequence, and that 
inasmuch as the treaty provides no specific method for ascertaining 
the amount of indemnity to be paid, that question must be submitted 
to the German Prize Court for determination. 

The Government of the United States, on the other hand, does 
not find in the treaty stipulations mentioned any justification for 
the sinking of the Frye, and does not consider that the German Prize 
Court has any jurisdiction over the question of the amount of indem- 
nity to be paid by the Imperial German Government on account of 
its admitted liability for the destruction of an American vessel on 
the high seas. 

you state in your note of the 7th instant that Article 13 of the 



182 DIPLOMATIC CORRESPONDENCE BETWEEN 

above-mentioned treaty of 1799 "expressly reserves to the party at 
war the right to stop the carrying of contraband and to detain the 
contraband ; it follows then that if it cannot be accomplished in any 
other way, the stopping of the supply may in the extreme case be 
effected by the destruction of the contraband and of the ship 
carrying it." 

The Government of the United States cannot concur in this con- 
clusion. On the contrary, it holds that these treaty provisions do 
not authorize the destruction of a neutral vessel in any circumstances. 
By its express terms the treaty prohibits even the detention of a 
neutral vessel carrying contraband if the master of the vessel is 
willing to surrender the contraband. Article 13 provides "in the 
case supposed of a vessel stopped for articles of contraband if the 
master of the vessel stopped will deliver out the goods supposed to 
be of contraband nature, he shall be admitted to do it, and the vessel 
shall not in that case be carried into any port, nor further detained, 
but shall be allowed to proceed on her voyage." 

In this case the admitted facts show that pursuant to orders from 
the commander of the German cruiser, the master of the Frye under- 
took to throw overboard the cargo of that vessel, but that before the 
work of delivering out the cargo was finished the vessel with the 
cargo was sunk by order of the German commander. 

For these reasons, even if it be assumed as Your Excellency has 
done, that the cargo was contraband, your contention that the destruc- 
tion of the vessel was justified by the provisions of Article 13 does 
not seem to be well founded. The Government of the United States 
has not thought it necessary in the discussion of this case to go into 
the question of the contraband or noncontraband character of the 
cargo. The Imperial German Government has admitted that this 
question makes no difference so far as its liability for damages is 
concerned, and the result is the same so far as the justification for 
the sinking of the vessel is concerned. As shown above, if we assume 
that the cargo was contraband, the master of the Frye should have 
been allowed to deliver it out, and the vessel should have been allowed 
to proceed on her voyage. 

On the other hand, if we assume that the cargo was noncontra- 
band, the destruction either of the cargo or the vessel could not be 
justified in the circumstances of this case under any accepted rule 
of international law. Attention is also called to the provisions of 
Article 12 of the Treaty of 1785 between the United States and 
Prussia, which, like Article 13 of the Treaty of 1799, was continued 
in force by Article 12 of the Treaty of 1828. So far as the pro- 
visions of Article 12 of the Treaty of 1785 apply to the question 
under consideration, they are as follows: 

"If one of the contracting parties should be engaged in war with 
any other Power, the free intercourse and commerce of the subjects 
or citizens of the party remaining neuter with the belligerent Powers 
shall not be interrupted. On the contrary, in that case, as in full 
peace the vessels of the neutral party may navigate freely to and 



THE UNITED STATES AND GERMANY 183 

from the ports and on the coasts of the belligerent parties, free vessels 
making free goods, insomuch that all things shall be adjudged free 
which shall be on board any vessel belonging to the neutral party, 
although such things belong to an enemy of the other." 

It seems clear to the Government of the United States, therefore, 
that whether the cargo of the Frye is regarded as contraband or as 
noncontraband, the destruction of the vessel was, as stated in my 
previous communication on this subject, "a violation of the obliga- 
tions imposed upon the Imperial German Government under existing 
treaty stipulations between the United States and Prussia." 

For these reasons the Government of the United States must dis- 
agree with the contention which it understands is now made by the 
Imperial German Government that an American vessel carrying con- 
traband may be destroyed without liability or accountability beyond 
the payment of such compensation for damages as may be fixed by 
a German Prize Court. The issue thus presented arises on a disputed 
interpretation of treaty provisions, the settlement of which requires 
direct diplomatic discussion between the two Governments, and can- 
not properly be based upon the decision of the German Prize Court, 
which is in no way conclusive or binding upon the Government of 
the United States. 

Moreover, even if no disputed question of treaty interpretation 
was involved, the admission by the Imperial German Government 
of its liability for damages for sinking the vessel would seem to 
make it unnecessary, so far as this claim is concerned, to ask the 
Prize Court to decide "whether the destruction of the ship and cargo 
was legal, and whether and under what conditions the property sunk 
was liable to confiscation, ' ' which, you state in your note dated June 
7, are questions which should be decided by the Prize Court. In so far 
as these questions relate to the cargo, they are outside of the present 
discussion, because, as pointed out in my previous note to you on the 
subject dated April 30, "the claim under discussion does not include 
damages for the destruction of the cargo." 

The real question between the two Governments is what repara- 
tion must be made for a breach of treaty obligations, and that is not 
a question which falls within the jurisdiction of a Prize Court. 

In my first note on the subject the Government of the United 
States requested that "full reparation be made by the Imperial Ger- 
man Government for the destruction of the William P. Frye." 
Reparation necessarily includes an indemnity for the actual pecuniary 
loss sustained, and the Government of the United States takes this 
opportunity to assure the Imperial German Government that such an 
indemnity, if promptly paid, will be accepted as satisfactory repara- 
tion, but it does not rest with a Prize Court to determine what 
reparation should be made or what reparation would be satisfactory 
to the Government of the United States. 

Your Excellency states in your note of June 7 that in the event the 
Prize Court should not grant indemnity in accordance with the treaty 
requirements, the German Government would not hesitate to arrange 



184 DIPLOMATIC CORRESPONDENCE BETWEEN 

for equitable indemnity, but it is also necessary that the Government 
of the United States should be satisfied with the amount of the indem- 
nity, and it would seem to be more appropriate and convenient that 
an arrangement for equitable indemnity should be agreed upon now 
rather than later. The decision of the Prize Court, even on the ques- 
tion of the amount of indemnity to be paid, would not be binding or 
conclusive on the Government of the United States. 

The Government of the United States also dissents from the view 
expressed in your note that "there would be no foundation for a claim 
of the American Government unless the Prize Courts should not grant 
indemnity in accordance with the treaty." The claim presented by 
the American Government is for an indemnity for a violation of a 
treaty, in distinction from an indemnity in accordance with the treaty, 
and therefore is a matter for adjustment by direct diplomatic dis- 
cussion between the two Governments and is in no way dependent 
upon the action of a German Prize Court. 

For the reasons above stated the Government of the United States 
cannot recognize the propriety of submitting the claim presented by 
it on behalf of the owners and captain of the Frye to the German 
Prize Court for settlement. 

The Government of the United States is not concerned with any 
proceedings which the Imperial German Government may wish to 
take on ' ' other claims of neutral and enemy interested parties ' ' which 
have not been presented by the Government of the United States, but 
which you state in your note of June 7 make Prize Court proceed- 
ings in this case indispensable, and it does not perceive the necessity 
for postponing the settlement of the present claim pending the con- 
sideration of those other claims by the Prize Court. 

The Government of the United States, therefore, suggests that the 
Imperial German Government reconsider the subject in the light of 
these considerations, and because of the objections against resorting 
to the Prize Court the Government of the United States renews its 
former suggestion that an effort be made to settle this claim by direct 
diplomatic negotiations. Lansing. 



Ambassador Gerard to the Secretary of State 
[Telegram.] 



Following note received 



American Embassy, 
Berlin, July 30, 1915. 



Foreign Office, Berlin, July 30, 1915. 
The undersigned has the honor to inform His Excellency, Mr. 
James W. Gerard, Ambassador of the United States of America, 
in reply to the note of the 26th ultimo, Foreign Office No. 3990, on 
the subject of the sinking of the American merchant vessel WUliayn 
P. Frye by the German auxiliary cruiser Prinz Eitel Friedrich, that 
the points of view brought out in the note have been carefully exam- 



THE UNITED STATES AND GERMANY 185 

ined by the Imperial German Government. This examination has 
led to the following conclusions: 

The Government of the United States believes that it is incum- 
bent upon it to take the position that the treaty rights to which 
America is entitled, as contained in Article 12 of the Prussian- 
American treaty of amity and commerce of September 10, 1785, in 
Article 13 of the Prussian-American treaty of amity and commerce 
of July 11, 1799, were violated by the sinking of the William P. Frye. 
It interprets these articles as meaning that a merchantman of the 
neutral contracting party carrying contraband cannot in any cir- 
cumstances be destroyed by a warship of the belligerent contracting 
party, and that the sinking of the William P. Frye was, therefore, 
in violation of the treaty, even if her cargo should have consisted of 
contraband, which it leaves outside of the discussion. 

The German Government cannot accept this view. It insists as 
heretofore that the commander of the German auxiliary cruiser acted 
in the legal exercise of the right of control of trade in contraband 
enjoyed by warships of belligerent nations, and that the treaty stipu- 
lations mentioned merely oblige the German Government to make com- 
pensation for the damage sustained by the American citizens con- 
cerned. 

It is not disputed by the American Government that, according 
to general principles of international law, a belligerent is authorized 
in sinking neutral vessels under almost any conditions for carrying 
contraband. As is well known, these principles were laid down m 
Articles 49 and 50 of the Declaration of London, and were recognized 
at that time by the duly empowered delegates of all the nations which 
participated in the conference, including the American delegates, to 
be declarative of existing international law (see preliminary clause 
of the Declaration of London) ; moreover, at the beginning of the 
present war, the American Government proposed to the belligerent 
nations to ratify the Declaration of London and give its provisions 
formal validity also. . 

The German Government has already explained m its note ot 
April 4 last for what reasons it considers that the conditions justify- 
ing the sinking under international law were present in the case of 
the WiUiam P. Frye. The cargo consisted of conditional contraband, 
the destination of which for the hostile armed forces was to be pre- 
sumed under the circumstances ; no proof to overcome this presump- 
tion has been furnished. More than half the cargo of the vessel was 
contraband, so that the vessel was liable to confiscation. The attempt 
to bring the American vessel into a German port would have greatly 
imperiled the German vessel in the given situation of the war, and 
at any rate practically defeated the success of her further operations. 
Thus the authority for sinking the vessel was given according to 
general principles of international law. 

There only remains then to be examined the question how far the 
Prussian-American treaty stipulations modify these principles of 
international law. 



186 DIPLOMATIC CORRESPONDENCE BETWEEN 

In this connection Article 12 of the treaty of 1785 provides that 
in the event of a war between one of the contracting parties with 
another power the free commerce and intercourse of the nationals of 
the party remaining neutral with the belligerent powers shall not be 
interrupted, but that on the contrary the vessel of the neutral party 
may navigate freely to and from the ports of the belligerent powers, 
even neutralizing enemy goods on board thereof. However, this 
article merely formulates general rules for the freedom of maritime 
intercourse and leaves the question of contraband untouched; the 
specific stipulations on this point are contained in the following 
article, which is materially identical with Article 13 of the treaty of 
1799 now in force. 

The plain intention of Article 13 is to establish a reasonable com- 
promise between the military interests of the belligerent contracting 
party and the commercial interests of the neutral party. On the one 
hand the belligerent party is to have the right to prevent the trans- 
portation of war supplies to his adversaries even when carried on 
vessels of the neutral party; on the other hand the commerce and 
navigation of the neutral party is to be interfered with as little as 
possible by the measures necessary for such prevention, and reason- 
able compensation is to be paid for any inconvenience or damage 
which may nevertheless ensue from the proceeding of the belligerent 
party. 

Article 13 recites the following means whereby the belligerent 
party can prevent the vessels of the neutral party from carrying war 
supplies to his adversary. The detention of the ship and cargo for 
such length of time as the belligerent may think necessary; further- 
more the taking over of the war stores for his own use, paying the 
full value of the same as ascertained at the place of destination. The 
right of sinking is not mentioned in the treaty and is therefore neither 
expressly permitted nor expressly prohibited, so that on this point 
the party stipulations must be supplemented by the general rules of 
international law. From the meaning and spirit of the treaty it 
really appears out of the question that it was intended to expect of 
the belligerent that he should permit a vessel loaded with contraband, 
for example a shipment of arms and ammunition of decisive impor- 
tance for the outcome of the war, to proceed unhindered to his enemy 
when circumstances forbid the carrying of the vessel into port, if the 
general rules of international law allow sinking of the vessel. 

The remaining stipulations of Article 13 must likewise be consid- 
ered in this light; they provide that the captain of a vessel stopped 
shall be allowed to proceed on his voyage if he delivers out the con- 
traband to the warship which stopped his vessel. For such delivering 
out cannot of course be considered when the ensuing loss of time 
imperils either the warship herself or the success of her other oper- 
ations. In the case of the William P. Frye the German commander 
at first tried to have matters settled by the delivery of contraband, 
but convinced himself of the impracticability of this attempt in that 
it would expose his ship to attack by whatever superior force of 



THE UNITED STATES AND GERMANY 187 

enemy war vessels pursuing him and was accordingly obliged to 
determine upon the sinking of the Frye. Thus he did not exceed on 
this point the limits to which he was bound by Article 13. 

However, Article 13 asserts itself here to the extent that it founds 
the obligation to compensate the American citizens affected, whereas 
according to the general rules of international law the belligerent 
party does not need to grant compensation for a vessel lawfully sunk. 
For if, by Article 13, the mere exercise of right of highways makes 
the belligerent liable for compensation, this must apply a fortiori 
to the exercise of the right of sinking. 

The question whether the German commander acted legally was 
primarily a subject for the consideration of the German prize courts 
according to general principles of international law as laid down; 
also in Article 1 of The Hague Convention for the establishment of 
an international prize court and in Article 51 of the Declaration of 
London. The German Government consequently laid the case of 
William P. Frye before the competent prize court at Hamburg, as 
was stated in its note of the 7th ultimo. This court found by its 
judgment cf the 10th instant that the cargo of the American vessel 
William P. Frye was contraband, that the vessel could not be carried 
into port, and that the sinking was therefore justified; at the same 
time the court expressly recognized the validity of the Prussian- 
American treaty stipulations severally mentioned for the relations 
between the German Empire and America, so that the sinking of the 
ship and cargo, so far as American property, makes the German 
Empire liable for indemnity. The prize court was unable to fix the 
indemnity itself, since it had no data before it, failing the receipt of 
the necessary detail from the parties interested. 

It will now be necessary to settle these points in a different way. 
The German Government suggests as the simplest way that each of the 
two Governments designate an expert, and that the two experts jointly 
fix the amount of indemnity for the vessel and any American prop- 
erty which may have been sunk with her. The German Government 
will promptly pay the amount of indemnity thus ascertained ; it 
expressly declares, however, reverting to what has been stated above, 
that this payment does not constitute satisfaction for the violation of 
American treaty rights, but a duty or policy of this Government 
founded* on the existing treaty stipulations. 

Should the American Government not agree to this manner of 
settling the matter, the German Government is prepared to submit 
the difference of opinion as being a question of the interpretation 
of the existing treaties between Germany and the United States to 
the tribunal at The Hague, pursuant to Article 38 of The Hague 
Convention for the pacific settlement of international disputes. 

The undersigned begs to suggest that the Ambassador bring the 
above to the attention of his Government and avails himself, etc., 

Von Jagow. 

Gerard. 



188 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Secretary of State to Ambassador Gerard. 
[Telegram.] 

Department of State, 
Washington, August 10, 1915. 
You are instructed to present the following note to the German 
Minister for Foreign Affairs : 

Under instructions from my Government, I have the honor to 
inform Your Excellency in reply to your note of July 30 in regard 
to the claim for reparation for the sinking of the William P. Frye, 
that the Government of the United States learns with regret that the 
objections urged by it against the submission of this case to the prize 
court for decision have not commended themselves to the Imperial 
German Government, and it equally regrets that the reasons pre- 
sented by the Imperial German Government for submitting this case 
to the prize court have failed to remove the objections of the Govern- 
ment of the United States to the adoption of that course. As this 
disagreement has been reached after the full presentation of the views 
of both Governments in our previous correspondence, a further ex- 
change of views on the questions in dispute would doubtless be 
unprofitable, and the Government of the United States therefore 
welcomes Your Excellency's suggestion that some other way should 
be found for settling this case. 

The two methods of settlement proposed as alternative suggestions 
in Your Excellency's note have been given careful consideration, 
and it is believed that if they can be combined so that they may 
both be adopted, they will furnish a satisfactory basis for the solu- 
tion of the questions at issue. 

The Government of the United States has already expressed its 
desire that the question of the amount of indemnity to be paid by 
the Imperial German Government under its admitted liability for 
the losses of the owners and captain on account of the destruction of 
the Frye should be settled by diplomatic negotiation, and it entirely 
concurs with the suggestion of the Imperial German Government that 
the simplest way would be to agree, as proposed in your note, "that 
each of the two Governments designate an expert and that the two 
experts jointly fix the amount of indemnity for the vessel and any 
American property which may have been sunk with her," to be paid 
by the Imperial German Government when ascertained as stated in 
your note. It is assumed that the arrangement will include some 
provision for calling in an umpire in case the experts fail to agree. 

The Government of the United States notes that your suggestion 
is made with the express reservation that a payment under this 
arrangement would not constitute an admission that American treaty 
rights had been violated, but would be regarded by the Imperial 
German Government merely as fulfilling a duty or policy founded 
on existing treaty stipulations. A payment made on this under* 



THE UNITED STATES AND GERMANY 189 

standing would be entirely acceptable to the Government of the 
United States, provided that the acceptance of such payment should 
likewise be understood to be without prejudice to the contention of 
the Government of the United States that the sinking of the Frye 
was without legal justification, and provided also that an arrange- 
ment can be agreed upon for the immediate submission to arbitration 
of the question of legal justification, in so far as it involves the inter- 
pretation of existing treaty stipulations. 

There can be no difference of opinion between the two Govern- 
ments as to the desirability of having this question of the true intent 
and meaning of their treaty stipulations determined without delay 
and to that end the Government of the United States proposes that 
the alternative suggestion of the Imperial German Government also 
be adopted, go that this question of treaty interpretation can be 
submitted forthwith to arbitration pursuant to Article 38 ot lhe 
Hague Convention for the pacific settlement of international disputes 
In this way both the question of indemnity and the question ot 
treaty interpretation can promptly be settled, and it will be observed 
that the only change made in the plan proposed by the Imperial Ger- 
man Government is that instead of eliminating either one of its alter- 
native suggestions, they are both given effecj, m order that both ot 
the questions under discussion may be dealt with at the same time. 
If this proposal proves acceptable to the Imperial German Gov- 
ernment it will be necessary also to determine whether, pending the 
arbitral 'award, the Imperial German Government shall govern its 
naval operations in accordance with its own interpretation, or m 
accordance with the interpretation maintained by the United States, 
as to the obligations imposed by their treaty stipulations, and the 
Government of the United States would be glad to have an expres- 
sion of the views of the Imperial German Government on this point. 

Lansing. 



Ambassador Gerard to the Secretary of State. 
[Telegram.] 

American Embassy, 
Berlin, September 20, 1915. 
The following note received from the Foreign Office to-day : 

Foreign Office, 
Berlin, September 19, 1915. 
The undersigned has the honor to make the following reply to 
the note of His Excellency, Mr. James W. Gerard, Ambassador ot 
the United States of America, dated 13th ultimo, on the subject ot 
the claim for reparation for the sinking of the American merchant- 
man William P. Frye. , . 
With regard first to the ascertainment of the damages by experts 



190 DIPLOMATIC CORRESPONDENCE BETWEEN 

the German Government believes that it should dispense with the 
nomination of an umpire. In the cases of the ascertainment of dam- 
ages hitherto arranged between the German Government and a neu- 
tral Government from similar causes the experts named by the two 
parties have always reached an agreement as to the amount of the 
damage without difficulty; should it not be possible, however, to 
reach an agreement on some point, it could probably be settled by 
diplomatic negotiation. Assuming that the American Government 
agrees to this, the German Government names as its expert Dr. Kepny, 
of Bremen, director of the North German Lloyds; it begs to await 
the designation of the American expert. 

The German Government declares that it agrees to the proposal 
of the American Government to separate the question of indemnity 
from the question of the interpretation of the Prussian-American 
treaties of 1785, 1799, and 1828. It therefore again expressly states 
that in making payment it does not acknowledge the violation of the 
treaty as contended by the American side, but it will admit that the 
settlement of the question of indemnity does not prejudice the 
arrangement of the difference of opinion concerning the interpreta- 
tion of the treaty rights, and that this dispute is left to be decided 
by The Hague tribunal of arbitration. 

The negotiations relative to the signing of the compromis provided 
by Article 52 of The Hague Arbitration Convention would best be 
conducted between the Foreign Office and the American Embassy in 
Berlin in view of the difficulties in the way of instructing the Imperial 
Ambassador at Washington. In case the American Government 
agrees, the Foreign Office is prepared to submit to the Embassy a 
draft of such a compromis. 

The American Government's inquiry whether the German Gov- 
ernment will govern its naval operations in accordance with the 
German or American interpretation of the treaty stipulations in 
question pending the arbitral proceedings has been carefully con- 
sidered by German Government. From the standpoint of law and 
equity it is not prevented in its opinion from proceeding against 
American ships carrying contraband according to its interpretation 
until the question is settled by arbitration. For the German Gov- 
ernment does not need to depart from the application of generally 
recognized rules of the law of maritime war, as the Declaration of 
London, unless and in so far as an exception based on a treaty, is 
established beyond all doubt ; in the case of the present difference 
of opinion between the German and the American Governments such 
an exception could not be taken to be established except on the 
ground of the arbitral award. Moreover, the disadvantages to Ger- 
many which would ensue from the American interpretation of the 
treaty stipulations would be so much greater as to be out of propor- 
tion to those which the German interpretation would entail for the 
United States. For whereas the American interpretation would ma- 
terially impede Germany in her conduct of warfare, hardly any par- 
ticular disadvantage to American citizens would result from the 



THE UNITED STATES AND GERMANY 191 

German interpretation, since they receive full reparation for any 
property damage sustained. 

Nevertheless the German Government, in order to furnish to the 
American Government evidence of its conciliatory attitude, has issued 
orders to the German naval forces not to destroy American merchant- 
men which have loaded conditional contraband, even when the condi- 
tions of international law are present, but to permit them to continue 
their voyage unhindered if it is not possible to take them into port. 
On the other hand, it must reserve to itself the right to destroy vessels 
carrying absolute contraband wherever such destruction is permissible 
according to the provisions of the Declaration of London. 

The undersigned begs to suggest that the Ambassador bring the 
above to the knowledge of his Government, and avails himself of 
the opportunity to renew, etc. 

Von Jagow. 

Gerard. 



The Secretary of State to Ambassador Gerard. 

[Telegram.] 

Department of State, 
Washington, October 12, 1915. 
You are instructed to present the following note to the German 
Minister of Foreign Affairs: 

In reply to Your Excellency's note of September 19, on the sub- 
ject of the claim for damages for the sinking of the American mer- 
chantman William P. Frye, I am instructed by the Government of 
the United States to say that it notes with satisfaction the willing- 
ness of the Imperial German Government to settle the questions at 
issue in this case by referring to a joint commission of experts the 
amount of the indemnity to be paid by the Imperial German Govern- 
ment under its admitted liability for the losses of the owners and cap- 
tain on account of the destruction of the vessel, and by referring to 
arbitration the question of the interpretation of treaty rights. The 
Government of the United States further notes that in agreeing to 
this arrangement the Imperial German Government expressly states 
that in making payment it does not acknowledge the violation of the 
treaty as contended by the Government of the United States, and that 
the settlement of the question of indemnity does not prejudice the 
arrangement of the differences of opinion between the two govern- 
ments concerning the interpretation of the treaty rights. The Gov- 
ernment of the United States understands that this arrangement will 
also be without prejudice to its own contention in accordance with the 
statement of its position in its note of August 10 last to Your Excel- 
lency on this subject, and the Government of the United States agrees 



192 DIPLOMATIC CORRESPONDENCE BETWEEN 

to this arrangement on that understanding. Your Excellency states 
that the Imperial German Government believes that the nomination 
of an umpire should be dispensed with, because it has been the experi- 
ence of the Imperial German Government that the experts named in 
such cases have always reached an agreement without difficulty, and 
that should they disagree on some point, it could probably be settled 
by diplomatic negotiation. The Government of the United States 
entirely concurs in the view that it is not necessary to nominate an 
umpire in advance. It is not to be assumed that the experts will be 
unable to agree, or that if they are, the point in dispute cannot be 
settled by diplomatic negotiation, but the Government of the United 
States believes that in agreeing to this arrangement it should be 
understood in advance that in case the amount of indemnity is not 
settled by the joint commission of experts or by diplomatic negotia- 
tion, the question will then be referred to an umpire if that is desired 
by the Government of the United States. 

Assuming that this understanding is acceptable to the German 
Government, it will only remain for the Government of the United 
States to nominate its expert to act with the expert already nomi- 
nated by the German Government on the joint commission. It seems 
desirable to the Government of the United States that this joint com- 
mission of experts should meet without delay as soon as the American 
member is named and that its meetings should be held in the United 
States, because, as pointed out in my note to you of April 30 last, 
any evidence which the German Government may wish to have pro- 
duced is more acceptable and can more conveniently be examined 
there than elsewhere. 

With reference to the agreement to submit to arbitration the 
question of treaty interpretation, the Government of the United 
States notes that in answer to its inquiry whether, pending the arbitral 
proceedings, the German Government will govern its naval opera- 
tions in accordance with the German or American interpretation of 
the treaty stipulations in question, the reply of the German Govern- 
ment is that it "has issued orders to the German naval forces not 
to destroy American merchantmen which have loaded conditional con- 
traband even when the conditions of international law are present, 
but to permit them to continue their voyage unhindered if it is not 
possible to take them into port," and that "on the other hand it 
must reserve to itself the right to destroy vessels carrying absolute 
contraband whenever such destruction is permissible according to the 
provisions of the Declaration of London." 

Without admitting that the Declaration of London is in force, 
and on the understanding that the requirement in Article 50 of the 
Declaration that "before the vessel is destroyed all persons on board 
must be placed in safety" is not satisfied by merely giving them an 
opportunity to escape in lifeboats, the Government of the United 
States is willing, pending the arbitral award in this case, to accept 
the Declaration of London as the rule governing the conduct of the 
German Government in relation to the treatment of American vessels 



THE UNITED STATES AND GERMANY 193 

carrying cargoes of absolute contraband. On this understanding the 
Government of the United States agrees to refer to arbitration this 
question of treaty interpretation. 

The Government of the United States concurs in the desire of the 
Imperial German Government that the negotiations relative to the 
signing of the compromis referring this question of treaty interpre- 
tation to arbitration under the provisions of Article 52 of The Hague 
Arbitration Convention, should be conducted between the German 
Foreign Office and the American Embassy in Berlin, and the Govern- 
ment of the United States will be glad to receive the draft compro- 
mise, which you inform me the Foreign Office is prepared to submit 
to the American Ambassador in Berlin. Anticipating that it may 
be convenient for the Imperial German Government to know in 
advance of these negotiations the preference of the Government of 
the United States as to the form of arbitration to be arranged for 
in the compromise, my Government desires me to say that it would 
prefer, if agreeable to the Imperial Government, that the arbitration 
should be by summary procedure, based upon the provisions of 
Articles 86 to 90, inclusive, of The Hague Arbitration Convention, 
rather than the longer form of arbitration before the Permanent 
Court at The Hague. 

Arrange for simultaneous publication of this note at earliest date 
which will give you time to notify the Department. 

Lansing. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, December 2, 1915. 
Sir : With reference to my telegram of even date 1 and to previous 
correspondence on the subject of the claim for damages for the sink- 
ing of the American merchantman William P. Frye, I have the honor 
to transmit to you herewith a copy and translation of a note received 
from the Imperial Foreign Office, dated November 29, 1915, which 
replies to a note which I addressed to the Imperial Foreign Office 
on October 14, 1915, pursuant to the instructions contained in your 
telegram No. 2291, of October 12, 1915. 

A copy and translation of the draft of a compromis submitted by 
the Imperial German Government is likewise transmitted herewith. 
I have, etc., 

Gerard. 

1 Not printed. 



194 DIPLOMATIC CORRESPONDENCE BETWEEN 
[Inclosure — Translation. ] 
The German Minister for Foreign Affairs to Ambassador Gerard. 

Berlin, November 29, 1915. 
The undersigned has the honor to inform His Excellency, Mr. 
James W. Gerard, Ambassador of the United States of America, in 
reply to the note of October 14, F. O. No. 5671, relative to indemnity 
for the sinking of the American merchant vessel William P. Frye, as 
well as to the settlement by arbitration of the difference of opinion 
which has arisen on this occasion, as follows: 

With regard first to the ascertainment of indemnity for the vessel 
sunk, the German Government is in agreement with the American 
Government in principle that the amount of damages be fixed by two 
experts, one each to be nominated by the German and the American 
Governments. The German Government regrets that it cannot comply 
with the wish of the American Government to have the experts meet 
in Washington, since the expert nominated by it, Dr. Greve, of 
Bremen, director of the North German Lloyd, is unable to get away 
from here, and furthermore would be exposed to the danger of cap- 
ture during a voyage to America in consequence of the conduct of 
maritime war by England contrary to international law. Should the 
American expert likewise be unable to get away, the two experts might 
perhaps get in touch with each other by correspondence. 

The German Government likewise regrets that it cannot assent at 
this time to the nomination of an umpire as desired by the American 
Government, for apart from the fact that in all probability the experts 
will reach an agreement in the case of the William P. Frye with the 
same facility as was the case with similar negotiations with other neu- 
tral Governments, the assent of the German Government to the con- 
sultation of an umpire would depend materially upon whether the 
differences of opinion between the two experts pertained to questions 
of principle or merely to the appraisement of certain articles. The 
consultation of an umpire could only be considered at all in the case 
of appraisements of this nature. 

Should the American Government insist on its demands for the 
meeting of the experts at Washington or the early choice of an umpire, 
the only alternative would be to arrange the fixing of damages by 
diplomatic negotiation. In such an event the German Government 
begs to await the transmission of a statement of particulars of the 
various claims for damages accompanied by the necessary proofs. 

With regard to the arbitral treatment of the difference of opinion 
relative to the interpretation of certain stipulations of the Prussian- 
American commercial treaties, the German Government has drawn 
up the inclosed draft of a compromis, which would have to be worded 
in the German and English languages and drawn up with due con- 
sideration of the two alternating texts. It is true that the draft does 
not accommodate the suggestions of the American Government so 



THE UNITED STATES AND GERMANY 195 

far as it is not in accordance with the rules of summary procedure 
provided by chapter 4 of The Hague Arbitration Convention, but 
with the rules of regular procedure. The Summary procedure is 
naturally intended only for differences of opinion of inferior impor- 
tance, whereas the German Government attaches very particular 
importance to the interpretation of the Prussian-American treaties 
which have existed for over 100 years. Pursuant to the agreement 
made, any proposed amendments would have to be discussed between 
the Foreign Office and the American Embassy, and oral discussions 
would appear to be advisable. 

Until the decision of the permanent court of arbitration, the Ger- 
man naval forces will sink only such American vessels as are loaded 
with absolute contraband, when the preconditions provided by the 
Declaration of London are present. In this the German Government 
quite shares the view of the American Government that all possible 
care must be taken for the security of the crew and passengers of a 
vessel to be sunk. Consequently, the persons found on board of a 
vessel may not be ordered into her lifeboats except when the general 
conditions, that is to say, the weather, the condition of the sea, and 
the neighborhood of the coasts afford absolute certainty that the boats 
will reach the nearest port. For the rest the German Government 
begs to point out that in cases where German naval forces have sunk 
neutral vessels for carrying contraband, no loss of life has yet 
occurred. 

The undersigned begs to give expression to the hope that it will 
be possible for the two Governments to reach a complete under- 
standing regarding the case of the William P. Frye on the above 
basis, and avails himself of this opportunity to renew to His Excel- 
lency, the Ambassador, the assurance of his highest consideration. 

Von Jagow. 

[Translation.] 

ARBITRATION COIIPROMIS. 

The Imperial German Government and the Government of the United States 
of America having reached an agreement to submit to a court of arbitration the 
difference of opinion which has arisen, occasioned by the sinking of the American 
merchant vessel William P. Frye by a German warship, in respect of the inter- 
pretation of certain stipulations of the Prussian-American treaties of amity 
and commerce, the undersigned, duly authorized for this purpose, have agreed 
to the following compromise 

Article I. 

A court of arbitration composed in accordance with the following stipulations 
is charged with the decision of the legal question: 

Whether according to the treaties existing between the parties, in particular 
Article XIII of the Prussian-American treaty of amity and commerce of July 11, 
1799, the belligerent contracting party is prevented from sinking merchant 
vessels of the neutral contracting party for carrying contraband when such 
sinking is permissible according to general principles of international law. 



196 DIPLOMATIC CORRESPONDENCE BETWEEN 

Article II. 

The court of arbitration shall be composed of five arbitrators to be chosen 
among the members of the permanent tribunal of arbitration at The Hague. 

Each government will choose two arbitrators, of whom only one may be a 
national of such country, as soon as possible, at the latest within two weeks 
from the day this comprornis is signed. The four arbitrators thus nominated 
shall choose an umpire within four weeks after they have been notified of their 
nomination; in case of an equal vote the president of the Swiss federal council 
shall be requested to select the umpire. 

Article III. 

On March 1, 1916, each party shall transmit to the bureau of the per- 
manent tribunal of arbitration eighteen copies of its argument with authenti- 
cated copies of all documents and correspondence on which it intends to rely 
in the case. The bureau will arrange without delay for the transmission to the 
arbitrators and to the parties, each arbitrator to receive two copies, each party 
three copies. Two copies shall remain in the archives of the bureau. 

On May 1, 1916, the parties shall deposit their countercases with the sup- 
porting evidence and their statements in conclusion. 

Article IV. 

Each party shall deposit with the international bureau at the latest on 
March 1, 1916, the sum of 3,000 gulden of The Netherlands toward the coeta 
of the arbitral procedure. 

Article V. 

The court of arbitration shall meet at The Hague on June 15, 1916, and 
proceed immediately to examine the dispute. 

Article VI. 

The parties may make use of the German or the English language. 
The members of the court may use the German or the English language as 
they may choose. The decisions of the court shall be written in both languages. 

Article VII. 

Each party shall be represented by a special agent whose duty shall be to 
act as an intermediary between the party and the court. These agents shall 
furnish the court any explanations which the court may demand of them; 
they may submit any legal arguments which they may consider advisable for 
the defense of their case. 

Article VIII. 

The stipulations of the convention of October 18, 1907, for the pacific settle- 
ment o» international disputes, shall be applied to this arbitral procedure, 
in so far as nothing to the contrary is provided by the above comprornis. 

Done in duplicate at Berlin on the day of 



THE UNITED STATES AND GERMANY 197 

Part XII. 

CASE OF THE BRITISH STEAMSHIP APPAM, CAPTURED 
BY GERMAN NAVAL FORCES AND BROUGHT BY A 
PRIZE CREW INTO THE PORT OF NEWPORT NEWS, 
VA. 



The German Ambassador to the Secretary of State. 

[Translation.] 

German Embassy, 
Washington, February 2, 1916. 
Mr. Secretary of State: 

I have the honor to inform Your Excellency that the British 
steamer Appam, captured by the German naval forces, arrived at 
Newport News, Va., on the 1st of this month under the command of 
Lieut. Berg of the navy. The commanding officer intends, in accord- 
ance with Article XIX of the Prusso-American Treaty of September 
10, 1785, to stay in an American port until further notice. 

The Appam has not been converted into an auxiliary cruiser, is 
not armed, and has made no prize under Mr. Berg's command. She 
carries on board the crews of seven enemy vessels taken by H. M. S. 
Moeive who have been transferred to her by that ship. 

There is on board a locked-up military party of the enemy, whose 
internment in the United States I request. 

The crew of the Appam tried to offer resistance when the ship 
was captured, as the guns at hand were already in place and trained 
on the German warship. The members of the crew are therefore to 
be looked upon likewise as combatants, and I have the honor to ask 
of Your Excellency that they too be detained in the United States 
until the end of the war. 

Accept, etc., J. Bernstorff. 



Memorandum from the German Embassy. 1 

Telegram from the German Government concerning its opinion 
on Appam case : 

Appam is not an auxiliary cruiser but a prize. Therefore she 
must be dealt with according to Article 19 of Prusso-American Treaty 
of 1799. Article 21 of Hague Convention concerning neutrality at 
sea is not applicable, as this convention was not ratified by England 
and is therefore not binding in present war according to Article 28. 

1 Received at the Department of State February 8, 1916. 



198 DIPLOMATIC CORRESPONDENCE BETWEEN 

The above-mentioned Article 19 authorizes a prize ship to remain in 
American ports as long as she pleases. Neither the ship nor the 
prize crew can therefore be interned nor can there be question of 
turning the prize over to English. 



The German Ambassador to the Secretary of State. 

German Embassy, 
Washington, February 22, 1916. 
My dear Mr. Secretary: 

Lieut. Hans Berg, of the German Imperial Navy and commander 
of H. M. S. Appam, now lying at anchor near Newport News, Va., 
has informed me that a libel was filed against said vessel in the 
United States District Court for the Eastern District of Virginia, 
at Norfolk, on the 16th day of February, 1916, by the British and 
African Steam Navigation Co., Limited, and that, under the authority 
of said court, he has been cited by the marshal of the eastern district 
of Virginia to appear before said court on Friday, the 3d day of 
March, 1916, to answer the said libel. 

As the Appam was captured at sea by a German man-of-war and 
brought to the Virginia port as a prize ship according to the treaty 
existing between our countries, you may well appreciate my surprise 
at the action which has been taken. 

Article XIX of the treaty of 1799 between Prussia and the United 
States, renewed in part by Article XII of the treaty of 1828, pro- 
vides that "the vessels and effects taken from" the enemies of the 
contracting parties may be carried freely wheresoever they please, 
and that such prizes shall not be ' ' put under legal process when they 
come to and enter the ports of the other party. * * * " 

In view of the terms of the treaty, I am at a loss to understand 
why such action has been taken by a court of your country. It may 
be argued that it has been because Article 21 of The Hague ' ' Conven- 
tion concerning the rights and duties of neutral powers in naval 
war" is applicable. This article provides: 

A prize may only be brought into a neutral port on account of un- 
seaworthiness, stress of weather, or want of fuel or provisions. 

It must leave as soon as the circumstances which justified its entry 
are at an end. If it does not the neutral power must order it to 
leave at once ; should it fail to obey the neutral power must employ 
the means at its disposal to release it with its officers and crew and 
to intern the crew. 



THE UNITED STATES AND GERMANY 199 

But as Great Britain has not ratified the convention the article 
is not binding, for the reason that Article 28 provides: "The pro- 
visions of the present convention do not apply except to the con- 
tracting powers, and then only if all the belligerents are parties 
to the convention." 

Besides, the Appam flies the naval flag of and belongs to the 
German Government, and therefore the possession of the captors in 
a neutral port is the possession of their sovereign. The sovereign 
whose officers have captured the vessel as a prize of war remains in 
possession of that vessel and has full power over her. The neutral 
sovereign or its court can take no cognizance of the question of prize 
or no prize and cannot wrest from the possession of the captor a prize 
of war brought into its ports. 

The position which I take is fully supported by an opinion of 
the Attorney General of the United States (7 Op., 122), the syllabus 
of which recites that a "foreign ship of war or any prize of hers in 
command of a public officer possesses in the ports of the United 
States the right of exterritoriality and is not subject to the local 
jurisdiction. ' ' 

I would therefore most respectfully protest against the action of 
the United States District Court, and request that you may ask the 
Attorney General to instruct the United States District Attorney 
for the Eastern District of Virginia to appear before the United 
States District Court and take such steps as may be necessary and 
proper to secure the prompt dismissal of the libel. 

I am, etc., J- Bernstorff. 



The Secretary of State to the German Ambassador. 

Department of State, 
Washington, March 2, 1916. 

Excellency : 

I have the honor to acknowledge the receipt of Your Excellency's 
note of the 2d of February, informing me that the British steamer 
Appam, captured by the German naval forces, had arrived at Nor- 
folk under the command of Lieut. Berg, of the Imperial German 
Navy, who intends, in accordance, as he believes, with Article XIX 
of the Prussian-American treaty of 1799, to remain in American 
waters until further notice, and that the Appam has not been con- 
verted into an auxiliary cruiser, is not armed, and has taken no 
prizes under Lieut. Berg's command. In conclusion Your Excellency 



200 DIPLOMATIC CORRESPONDENCE BETWEEN 

requests internment in the United States during the remainder of the 
war of a military party belonging, Your Excellency states, to the 
enemy of Germany and also the internment of the crew of the Appam, 
inasmuch as they offered resistance to capture by His Majesty's 
forces. 

I have the honor also to acknowledge the receipt of Your Excel- 
lency's note of February 22, calling my attention to a libel which has 
been filed against the Appam by the United States District Court 
on February 16 by the British and African Steam Navigation Co., 
Limited, and to the fact that Lieut. Berg has been cited to appear 
before the court on March 3 next to answer this libel. Your Excel- 
lency points out that in view of the terms of Article XIX of the 
treaty of 1799 and of the inoperation of The Hague Convention relat- 
ing to neutral rights and duties in naval warfare, you are at a loss 
to understand why such action has been taken in this country. Your 
Excellency, moreover, asserts in effect that as the Appam flies the 
naval flag of and belongs to the German Government, and as the 
possession of the captors is the possession of their sovereign, "the 
neutral sovereign or its court can take no cognizance of the ques- 
tion of prize or no prize and cannot wrest from the possession of the 
captor a prize of war brought into its ports." Your Excellency, in 
conclusion, protests against the action of the court and requests that 
the Attorney General instruct the proper United States District Attor- 
ney to take such steps as may be necessary and proper to secure the 
prompt dismissal of the libel. 

Article XIX of the treaty of 1799, to which Your Excellency 
refers, reads as follows: 

The vessels of war, public and private, of both parties, shall carry 
(conduire) freely, wheresoever they please, the vessels and effects 
taken (pris) from their enemies, without being obliged to pay any 
duties, charges, or fees to officers of admiralty, of the customs, or any 
others; nor shall such prizes (prises) be arrested, searched, or put 
under legal process, when they come to and enter the ports of the 
other party, but may freely be carried (conduites) out again at any 
time by their captors (le vaisseau preneur) to the places expressed 
in their commissions, which the commanding officer of such vessel 
(le dit vaisseau) shall be obliged to show. But conformably to the 
treaties existing between the United States and Great Britain, no 
vessel (vaisseau) that shall have made a prize (prise) upon British 
subjects, shall have a right to shelter in the ports of the United States, 
but if (il est) forced therein by tempests, or any other danger or 
accident of the sea, they (il sera) shall be obliged to depart as soon 
as possible. 



THE UNITED STATES AND GERMANY 201 

This translation is taken from the published treaties of the United 
States, and while not conforming strictly to the original French text 
(copy of which is inclosed), is sufficiently accurate for the purposes 
of this note. At the outset it may be pointed out that as the object 
of this provision was to mollify the existing practice of nations as 
to asylum for prizes brought into neutral ports by men-of-war, it is 
subject to a strict interpretation when its privileges are invoked in 
a given case in modification of the established rule. By a reasonable 
interpretation of Article XIX, however, it seems clear that it is 
applicable only to prizes which are brought into American ports by 
vessels of war. The Appam, however, as Your Excellency is aware, 
was not accompanied by a ship of war, but came into the port of 
Norfolk alone in charge of a prize master and crew. Moreover, the 
treaty article allows to capturing vessels the privileges of carrying out 
their prizes again "to the places expressed in their commissions." 
The commissions referred to are manifestly those of the captor vessels 
which accompany prizes into port and not those of the officers of the 
prizes arriving in port without convoy, and it is clear that the port 
of refuge was not to be made a port of ultimate destination or 
indefinite asylum. In the case of the Appam the commission of 
Lieut. Berg, a copy of which was given to the collector of customs 
at Norfolk, not only is a commission of a prize master, but directs him 
to bring the Appam to the nearest American port and "there to lay 
her up." In the opinion of the Government of the United States, 
therefore, the case of the Appam does not fall within the evident 
meaning of the treaty provision which contemplates temporary asylum 
for vessels of war accompanying prizes while en route to the places 
named in the commander's commission, but not the deposit of the 
spoils of war in an American port. In this interpretation of the 
treaty, which I believe is the only one warranted by the terms of 
the provision and by the British treaties referred to in Article XIX, 
and by other contemporaneous treaties, the Government of the United 
States considers itself free from any obligation to accord the Appam 
the privileges stipulated in Article XIX of the treaty of 1799. 

Under this construction of the treaty the Appam can enjoy only 
those privileges usually granted by maritime nations, including Ger- 
many, to prizes of war, namely, to enter neutral ports only on case 
of stress of weather, want of fuel and provisions, or necessity of 
repairs, but to leave as soon as the cause of their entry has been 
removed. 

As to the grounds upon which the application for the libel of the 



202 DIPLOMATIC CORRESPONDENCE BETWEEN 

Appam by the United States court was made, this Department has no 
direct information; but it is understood that the libelant contends 
that the Appam is not, assuming that it is a prize of the German 
Government, the property of that Government, but that, on the con- 
trary, the title to the vessel is now properly in the British owners. 
Whether in these circumstances the United States court has properly 
or improperly assumed jurisdiction of the case and taken custody 
of the ship is a legal question which, according to American prac- 
tice, must now be decided by the municipal courts of this country. 
With the purpose, however, of having Your Excellency's views as 
to this matter brought to the attention of the court, I have trans- 
mitted your note of February 22 to the Attorney General, with a 
request that he instruct the United States District Attorney to appear 
in the case as amicus curiae and present to the court a copy of Your 
Excellency's note. 

As to the internment of the military party which Your Excellency 
states was on board the Appam, as well as the officers and crew who 
offered resistance to capture by His Majesty's ships, I have the honor 
to inform you that the Government has, after due consideration, 
concluded that they should be released from detention on board the 
Appam, together with their personal effects. 

Accept, etc., Robert Lansing. 



The German Ambassador to the Secretary of State. 

German Embassy, 
Washington, March 14, 1916. 
My dear Mr. Secretary: 

Referring to previous correspondence in regard to H. M. S. Appam, 
am informed by our counsel that the State and Treasury Depart- 
ments, mainly through the collector of customs, have been requesting 
the District Court of the United States for the Eastern District of 
Virginia to guard against two things: (1) An augmentation of the 
crew of the Appam; and (2) an attempt on her part to escape; and 
that such action would tend to disturb the peace of mind of the court. 

While I cannot understand on what theory the court can be asked 
to have anything to do with questions of augmentation, I can readily 
appreciate its desire to prevent any possible escape so long as court 
proceedings are pending. 



THE UNITED STATES AND GERMANY 203 

In view of the action of the Departments, the court appears un- 
willing to permit the ship to continue in the stream with only two 
keepers, and has requested counsel to consent to her removal to a 
wharf or some safer anchorage. 

Lieut. Berg objects to her being taken to a wharf on account of 
increased difficulty of controlling his crew, the danger of annoyance 
from curiosity seekers, and the possibility of injury from hostile 
sources. 

Because of the divergent wishes in this respect, I believe that the 
court will be fully satisfied, and at the same time Lieut. Berg can 
carry out his wishes, if I now assure you, as I do, that, while reserv- 
ing all the rights of the German Government in this case, both before 
the court and in our diplomatic negotiations, and with a further 
reservation that such assurance and agreement shall be without preju- 
dice to the defense, no change shall be made in the status quo with 
respect to augmentation of the crew or equipment that might be 
considered a breach of neutrality, and that no attempt to run the 
vessel away will be made so long as said ship remains under the cus- 
tody of said court. 

I would therefore most respectfully request that you may com- 
municate my assurance to the Treasury Department, and that both 
Departments may communicate, through the proper officers, with the 
court and inform it that, in view of my assurance, they have no 
further requests to make along this line at the present time, and 
that for the present it would not appear to be necessary that the 
ship be removed to a wharf. 

In my note of February 22 I requested you to ask the Attorney 
General to instruct the United States District Attorney for the 
Eastern District of Virginia to appear before the United States Dis- 
trict Court and take such steps as may be necessary and proper to 
secure the dismissal of the libel. At a hearing held before said court 
at Richmond, Va., on March 7, said attorney appeared and presented 
a copy of my said note of February 22 to you, but did not ask for 
the dismissal of the libel. In view of this fact, and believing at this 
time that his presence in said court will not be further necessary for 
assisting in arriving at a solution of the case, I would most respect- 
fully request that you may ask the Attorney General to instruct him 
not to appear further without securing express instructions so to do 
for such special reasons as your Government may have for so author- 
izing him. 

I am, etc., J. Bernstorff. 



204 DIPLOMATIC CORRESPONDENCE BETWEEN 

The German Ambassador to the Secretary of State. 

[Translation.] 

German Embassy, 
Washington, March 16, 1916. 

In reply to your kind note of the 2d instant, I have the honor, in 
compliance with instructions, to submit to you the inclosed memor- 
andum of the Imperial Government on the subject that has been 
received by me. 

Should the Government of the United States fail to concur in the 
Imperial Government's interpretation, the Imperial Government 
would propose that the construction of the treaty in question be 
referred to The Hague Court of Arbitration in the same way as the 
Imperial Government proposed in the William P. Frye case in Sec- 
retary of State von Jagow 's note of November 29 last, to Mr. Gerard, 
Ambassador of the United States at Berlin, provided that the status 
quo of the steamship Appam will remain unchanged throughout the 
arbitration proceedings and that the steamer will be allowed to remain 
with her prize crew in an American port during that time. 

Accept, etc., J. Bernstorpf. 



[Inclosure.] 

memorandum. 

German Embassy. 

The Imperial Government does not consider correct the interpre- 
tation of the Department of State of Article 19 of the treaty of 1799 
as given in the note. 

The Department of State criticised that the Appam was not 
brought into port by a warship, but arrived only with a prize crew 
on board. The treaty of 1799, referring to prizes accompanied by 
a warship, speaks, of course, of commercial warfare as it was usual 
in those times and which could be carried on by both parties only 
by privateers. This made it necessary that the prize was brought 
into port by the capturing vessel. The development of modern cruiser 
warfare, where, as a rule, the warship sends her prize into port by a 
military prize crew, cannot render the stipulations of Article 19 of 
said treaty null and void. The prize masters and prize crew, who 
represent the authority of the belligerent State, now take the place 
which the capturing vessel held formerly. That such stipulations are 
not in contradiction to the general rules of international law, and 
that, therefore, the treaty is not subject to the especially strict inter- 
pretation given to it by the Department of State, is proved by Article 
23 of The Hague Convention regarding neutrality on sea, which was 
adopted by a great majority, although under reservation by the 
United States, Great Britain, and Japan. 

The Department of State missed in the commission of Lieut. Berg 



THE UNITED STATES AND GERMANY ' 205 

an order to take the prize into a German port, as it is unwilling 
to admit the permanent internment of the German prize in an Ameri- 
can port as a consequence of the treaty. As proved by the last but 
obsolete sentences of Article 19 of the treaty of 1785 and Article 19 
of the treaty of 1799, the object of Article 19 is to grant asylum or 
shelter to prizes of one contracting party in the ports of the other 
party. The asylum naturally continues only as long as the prize, 
crew is on board and the danger of being captured by enemy naval 
forces exists. Both premises prevail in this case. Lieut. Berg, an 
officer of the Imperial Navy, was commissioned by the commander of 
a German warship to seek with his prize in an American port the 
asylum guaranteed by the treaty. The opinion of the Department 
of State that the commission must mention a German port of destina- 
tion for the prize is unfounded, as Article 19 only provides the free- 
dom of the prize to leave for the places which are named in the 
commission, but does not make the right of asylum depend on such 
port being mentioned. Such an indication seems superfluous if the 
prize is conducted by a prize crew mustered from the Imperial Navy, 
for such crew has to bring the prize into a German port as soon as 
possible. At present the claim for asylum naturally still exists, con- 
sidering the uneven distribution of the domination of the seas between 
the belligerents. 

As long as the right of asylum lasts the jurisdiction of American 
courts over the prize is formally excluded by Article 19 ; a German 
prize court alone is competent. The opinion of the Department of 
State that the American courts must decide about the claims of the 
British shipping company is incompatible with the treaty stipulations. 

It is therefore respectfully requested that the prize crew should 
be permitted to remain in the American port, and also that the legal 
steps before an American court should be suspended. 



The Secretary of State to the German Ambassador. 

Department of State, 
Washington, April 7, 1916. 
Excellency : 

I have the honor to acknowledge the receipt of your note of the 
16th ultimo, inclosing a memorandum of the Imperial German Gov- 
ernment on the subject of the Appam, now at Norfolk. The memor- 
andum of the Imperial Government contends, in brief, that Article 19 
of the treaty of 1799 ''speaks, of course, of commercial warfare as 
it was usual in those times and which would be carried on by both 
parties only by privateers," and that the development of modern 
cruiser warfare, in which a prize master and crew representing the 



206 DIPLOMATIC CORRESPONDENCE BETWEEN 

authority of a belligerent State now take the place which the con- 
voying vessel formerly held, should govern the present interpreta- 
tion of the treaty. The Government of the United States agrees 
with the German Government's statement that the treaty speaks of 
a mode of warfare in use at the time the treaty was negotiated. It is 
precisely for this reason that the Government of the United States 
does not believe that the treaty was intended to apply to circum- 
stances of modern warfare which are essentially different from those 
in vogue at the close of the eighteenth century. The Government of 
the United States does not understand upon what ground the Imperial 
Government contends that a treaty granting concessions under spe- 
cifically mentioned circumstances can be construed to apply to a 
situation involving other and different circumstances. To grant lim- 
ited asylum in a neutral port to a prize accompanied by the capturing 
vessel is not the granting of a right of "laying up" in a neutral port 
a prize which arrives in the control of a prize master and crew. 

Your Excellency's Government further contends that Article 19, 
besides being applicable to modern conditions, is not contrary to the 
general rules of international law, and therefore not subject to a 
restricting interpretation, and in support of this cites as declaratory 
of the general rules of international law Article 23 of Hague Con- 
vention XIII. As indicated by the Imperial Government, the United 
States did not in the case of this convention, and never has, assented 
to the sequestration of prizes in its ports. The ground of this posi- 
tion of the United States is that it does not, in the opinion of this 
Government, comport with the obligations of a neutral power to allow 
its ports to be used either as a place of indefinite refuge for belliger- 
ent prizes or as a place for their sequestration during the proceedings 
of prize courts. The contention of the Government of the United 
States in its note of March 2 in this case is consistent with this long- 
established and well-known policy of the American Government, in 
the light of which the treaty of 1799 was negotiated and has been 
enforced and applied. Provided the vessel enters an American port 
accompanied by a German naval vessel, Article 19 contemplates in 
the view of this Government merely temporary sojourn of the prize 
in an American port and not its sequestration there pending the 
decision of a prize court. 

Holding the view that Article 19 is not applicable to the case of 
the Appam, this Government does not consider it necessary to discuss 
the contention of the Imperial Government that under Article 19 
American courts are without jurisdiction to interfere with the prize, 



THE UNITED STATES AND GERMANY 207 

and for the same reason it cannot accede to the request that the 
"legal steps before an American court should be suspended." 

In Your Excellency's note transmitting the memorandum of your 
Government it is proposed that should this Government fail to concur 
in the contentions of the Imperial Government the construction of the 
treaty in question be referred to The Hague Court of Arbitration in 
the same way as the Imperial Government has proposed to do in the 
William P. Frye ease provided that the status quo of the Appam 
remain unchanged throughout the arbitration proceedings and that 
the steamer be allowed to remain with her prize crew in an American 
port during that time. It is regretted that this proposal which appeals 
to the principle of arbitration, of which this Government is an earnest 
advocate, cannot be accepted in this particular case by the Govern- 
ment of the United States. Its acceptance would manifestly defeat 
the very object of the United States in its reservation to Article 23 
of Convention XIII by allowing the prize to remain in an American 
port for an indefinite period while the arbitration proceedings were 
in progress, which might continue until after peace is restored. In 
this respect the case differs from that of the William P. Frye. More- 
over, inasmuch as the Appam has been libeled in the United States 
District Court by the alleged owners, this Government, under the 
American system of government, in which the judicial and executive 
branches are entirely separate and independent, could not vouch for 
a continuance of the status quo of the prize during the progress of 
the arbitration proposed by the Imperial Government. The United 
States Court, having taken jurisdiction of the vessel, that jurisdic- 
tion can only be dissolved by judicial proceedings leading to a 
decision of the court discharging the case— a procedure which the 
executive cannot summarily terminate. 

In these circumstances the Government of the United States can 
only accept the proposal of the German Government for the arbi- 
tration of the meaning of Article 19 of the treaty of 1799, upon the 
understanding that the Appam depart from the territorial jurisdic- 
tion of the United States, in the event that the libel is dismissed by 
the court and after she has had a reasonable time to take on board 
such supplies as may be necessary, in the judgment of this Govern- 
ment, for a voyage to the nearest port subject to the sovereignty of 
Germany ; and failing this, that she be released and the prize master 
and crew be interned for the remainder of the war. 

Accept, etc., Eobeet Lansing. 



208 DIPLOMATIC CORRESPONDENCE BETWEEN 

Part XIII. 
NONCONTRABAND CHARACTER OF HYDROAEROPLANES. 



The German Ambassador to the Secretary of State. 

Imperial German Embassy, 
Washington, January 19, 1915. 
Mr. Secretary op State: 

It has come to my knowledge that a number of hydroaeroplanes 
have been ordered in the United States for belligerent States from 
the Curtis plant at Hammondsport, N. Y., and that a part of them 
has already been delivered. 

An airship named America was delivered in October of last year 
to England and five more hydroaeroplanes of the same type have 
been delivered since. 

England has also ordered twenty-four hydroaeroplanes of the I. N. 
model (70 horsepower) from Curtis. 

Curtis is also building for England twelve hydroaeroplanes of the 
K model of 160 horsepower. 

Russia has also recently ordered a number hydroaeroplanes of the 
K model from Curtis. How many is not yet known. 

The motors for the aeroplanes are built partly by Curtis himself 
at Hammondsport, partly by the Herschel Spillman Motor factory at 
North Tonawanda, N. Y. 

The wings are made at the Curtis plant, the minor parts by the 
Autocrat Manufacturing Co. 

The Tonawanda Boat Co. furnishes the boat part. 

There is no doubt that hydroaeroplanes must be regarded as war 
vessels whose delivery to belligerent States by neutrals should be 
stopped under Article 8 of the Thirteenth Convention of the Second 
Hague Conference of October 18, 1907. Hydroaeroplanes are not 
mentioned by name in the Convention simply because there was none 
in 1907 at the time of the Conference. 

On the supposition that hydroaeroplanes are delivered to belliger- 
ents against the wishes of the Government of the United States, I have 
the honor to bring the foregoing to Your Excellency's kind knowledge. 
Accept, etc., J. Bernstorpf. 



THE UNITED STATES AND GERMANY 209 

The Secretary of State to the German Ambassador. 

Department op State, 
Washington, January 29, 1915. 

Excellency : 

I have the honor to acknowledge the receipt of Your Excellency's 
note of the 19th instant, and in reply have to inform you that the 
statements contained in Your Excellency's note have received my 
careful consideration in view of the earnest purpose of this Govern- 
ment to perform every duty which is imposed upon it as a neutral 
by treaty stipulation and international law. 

The essential statement in your note, which implies an obligation 
on the part of this Government to interfere in the sale and delivery 
of hydroaeroplanes to belligerent powers, is: 

There is no doubt that hydroaeroplanes must be regarded as war 
vessels whose delivery to belligerent States by neutrals should be 
stopped under Article 8 of the Thirteenth Convention of the Second 
Hague Conference of October 18, 1907. 

As to this assertion of the character of hydroaeroplanes I submit 
the following comments: The fact that a hydroaeroplane is fitted 
with apparatus to rise from and alight upon the sea does not in my 
opinion give it the character of a vessel any more than the wheels 
attached to an aeroplane fitting it to rise from and alight upon land 
give the latter the character of a land vehicle. Both the hydro- 
aeroplane and the aeroplane are essentially air craft; as an aid in 
military operations they can only be used in the air; the fact that 
one starts its flight from the surface of the sea and the other from 
the land is a mere incident which in no way affects their aerial 
character. 

In view of these facts I must dissent from Your Excellency's 
assertion that "there is no doubt that hydroaeroplanes must be 
regarded as war vessels," and consequently I do not regard the 
obligations imposed by treaty or by the accepted rules of international 
law applicable to air craft of any sort. 

In this connection I further call to Your Excellency's attention 
that according to the latest advices received by this Department the 
German Imperial Government include "balloons and flying machines 
and their component parts" in the list cf conditional contraband, 
and that in the Imperial Prize Ordinance, drafted September 30, 
1909, and issued in the Reichsgesetzblatt on August 3, 1914, appear 



210 DIPLOMATIC CORRESPONDENCE BETWEEN 

as conditional contraband "airships and flying machines" (Article 23, 
section 8). It thus appears that the Imperial Government have 
placed and still retain air craft of all descriptions in the class of 
conditional contraband, for which no special treatment involving 
neutral duty is, so far as I am advised, provided by any treaty to 
which the United States is a signatory or adhering power. 

As in the views of this Department the provisions of Convention 
XIII of the Second Hague Conference do not apply to hydroaero- 
planes I do not consider it necessary to discuss the question as to 
whether those provisions are in force during the present war. 

Accept, etc., W. J. Bryan. 



Part XIV. 



RECALL OF CAPTAIN VON PAPEN, MILITARY / ATTACHE, 
AND CAPTAIN BOY-ED, NAVAL ATTACHE, OF THE 
GERMAN EMBASSY AT WASHINGTON. 



The Secretary of State to the German Ambassador. 

Department of State, 
Washi7igton, December 4, 1915. 
Excellency : 

Confirming my conversation with you on December first, I have the 
honor to state that various facts and circumstances having come to 
the knowledge of the Government of the United States as to the con- 
nection of Captain Boy-Ed, Naval Attache, and Captain von Papen, 
Military Attache, of the Imperial German Embassy, with the illegal 
and questionable acts of certain persons within the United States, the 
President reached the conviction that the continued presence of these 
gentlemen as Attaches of the Embassy would no longer serve the 
purpose of their mission, and would be unacceptable to this Govern- 
ment. 

The President, therefore, directed me to notify Your Excellency, 
as I did orally, that Captain Boy-Ed and Captain von Papen are no 
longer acceptable to the Government of the United States as Attaches 



THE UNITED STATES AND GERMANY 211 

of His Imperial Majesty's Embassy at Washington, and to request 
that your Excellency 's Government withdraw them immediately from 
their official connection with the Imperial German Embassy. 

As I informed you at the time of our interview, the Government 
of the United States deeply regrets that this action has become neces- 
sary and believes that the Imperial Government will realize that this 
Government has, in view of all the circumstances, no alternative 
course consistent with the interests of the two Governments in their 
relations with each other. 

Accept, etc., Robert Lansing. 



The Secretary of State to the German Ambassador. 

Department of State, 
Washington, December 10, 1915. 
My dear Mr. Ambassador: 

On December 1st I informed Your Excellency that Captain Boy-Ed, 
the Naval Attache of your Embassy, and Captain von Papen, the 
Military Attache, were no longer personce grata to my Government 
and requested that the Imperial Government immediately recall the 
two attaches. 

As ten days have passed without the request of this Government 
being complied with and without communication from you on the 
subject other than your personal letter of the 5th instant, which in 
no way affected the fact that the two attaches were unacceptable or 
presented a ground for delay, I feel compelled to direct your atten- 
tion to the expectation of this Government that its request would be 
immediately granted. 

I trust, my dear Mr. Ambassador, that you appreciate the situa- 
tion and will urge upon your Government a prompt compliance with 
the request in order that this Government may not be compelled to 
take action without awaiting the recall of the attaches, an action 
which this Government does not desire to take but will be forced to 
take unless the Imperial Government meets the express wish of this 
Government without further delay. I need not impress upon Your 
Excellency the desirability of avoiding a circumstance which would 
increase the embarrassment of the present situation. 

I am, etc., Robert Lansing. 



212 DIPLOMATIC CORRESPONDENCE BETWEEN 

The German Ambassador to the Secretary of State. 
[Translation.] 

German Embassy, 
Washington, December 10, 1915. 
Mr. Secretary of State: 

In reply to your note No. 1686 of the 4th of this month, I have 
the honor to inform Yonr Excellency that his Majesty the Emperor 
and King has been most graciously pleased to recall the Naval Attache 
of the Imperial Embassy, Captain Boy-Ed, and the Military Attache, 
Captain von Papen. 

I am instructed to beg Your Excellency to obtain for the above- 
named gentlemen and their servants, Gustav Winkow and Otto Mah- 
low, a safe conduct for the return trip to Germany from the Powers 
at war with the German Empire, and also to insure the trip of the 
successors of those gentlemen to the United States in the event of 
their being appointed by His Majesty. 

Accept, etc., J. Bernstorff. 



The Secretary of State to the German Ambassador. 

Department of State, 
Washington, December 11, 1915. 
Excellency : 

I have the honor to acknowledge the receipt of Your Excellency's 
note of the 10th instant, notifying me that His Majesty the Emperor 
and King has been pleased to recall Captain Boy-Ed, the Naval 
Attache, and Captain von Papen, the Military Attache, of the Im- 
perial German Embassy, pursuant to this Government's request of 
the 4th instant. 

In accordance with Your Excellency's wishes, I have had the 
honor to request of the Powers at war with the German Empire safe 
conducts for these gentlemen and their servants, Gustav Winkow and 
Otto Mahlow. Upon the receipt of notice that His Majesty the 
Emperor and King has designated the successors of these gentlemen, 
and after the Government of the United States has decided upon their 
acceptability, it will be my pleasure to request the Powers at war 
with the German Empire to provide safe conducts for their passage 
to the United States. 

Accept, etc., Robert Lansing. 



THE UNITED STATES AND GERMANY 213 

The Secretary of State to the German Ambassador. 

Department of State, 
Washington, December 15, 1915. 
My dear Mr. Ambassador: 

I am advised by the British and French Ambassadors that safe 
conducts will be furnished to Captains Boy-Ed and Von Papen for 
their return to Germany, it being understood that they will take the 
southern route to Holland. The Ambassadors request information 
as to the vessel and date of sailing of the two gentlemen, which I 
hope you will furnish at your earliest convenience. It is also under- 
stood that they will, of course, perform no unneutral act, such as 
carrying dispatches to the German Government. 

I am, etc., Robert Lansing. 



The Secretary of State to the German Ambassador. 

Department op State, 
Washington, December 18, 1915. 
Excellency : 

I have the honor to acknowledge the receipt of your note of the 
10th instant, by which I am advised that His Majesty the Emperor 
has recalled Captain Boy-Ed and Captain von Papen, Naval Attache 
and Military Attache, respectively, of your Embassy, and requested 
to obtain for these officers a safe conduct for their return trip to 
Germany. 

I did not fail to place myself at once in communication with the 
British and French Ambassadors on the subject, and I have now the 
honor to transmit to Your Excellency two authenticated sets of copies 
of notes from them, which I am assured will be regarded by officers 
of the Allied cruisers as safe conducts, provided Captain Boy-Ed and 
Captain von Papen follow the south route via Holland. I further 
enclose a passport for each of these gentlemen. 

Accept, etc., Robert Lansing. 



214 DIPLOMATIC CORRESPONDENCE BETWEEN 

Part XV. 

TRANSMISSION OF MAIL OF AMERICAN DIPLOMATIC 
AND CONSULAR OFFICERS. 



The Secretary of State to Ambassador Gerard. x 

[Telegram.] 

Department of State, 
Washington, November 25, 1914. 
This Government is desirous of establishing uniform regulations 
for transmission of correspondence of American diplomatic and con- 
sular officers in belligerent territory. Inquire of German Govern- 
ment whether it would agree to the following regulations for 
American diplomatic and consular officers in Germany: First, all 
correspondence between American diplomatic and consular officers 
within Austrian territory to be inviolable if under seal of office; 
second, no correspondence of private individuals to be forwarded 
by diplomatic and consular officers under official cover or seal ; third, 
official correspondence between American diplomatic officers residing 
in different countries is not to be opened or molested if under seal 
of office; fourth, official correspondence under seal of office between 
Department of State and American diplomatic and consular officers 
is not to be opened or molested ; fifth, pouches under seal passing 
between American diplomatic missions by mail or courier not to be 
opened or molested ; sixth, correspondence other than that described 
in foregoing sent by ordinary mail to be subject to usual censorship. 
Similar inquiries being made of other belligerent governments in 
respect to correspondence of American officers in their dominions. 

Bryan. 



The Secretary of State to Ambassador Gerard. 

[Telegram.] 

Department of State, 
Washington, April 23, 1915. 
Department's 310, November 25, 1914, and circular December 
18, 1914. 2 

In view of understanding between United States and belligerent 
countries regarding inviolability of Department's diplomatic and 

1 Same, mutatis mutandis, to the Embassies at London, Vienna, Paris, Tokyo, 
and Constantinople, and the Legation at Bucharest. 
- Not printed. 



THE UNITED STATES AND GERMANY 215 

consular correspondence, the following rules established by the 
Department are hereby called to your attention: 

1. Communications from private individuals or institutions abroad 
to private individuals or institutions in United States should not be 
sent in Department pouches. 

2. Personal letters from United States Diplomatic or Consular 
officers or employees of American missions or consulates abroad 
addressed to private individuals in United States may be sent in 
pouches, but should be censored by heads of missions with a view 
to prevent transmission of statements which would otherwise be cen- 
sored by Governments, and should be left unsealed with postage 
fully prepaid. 

3. Official correspondence of diplomatic and consular officers to 
individuals outside of Department should be marked "Official busi- 
ness," and should be left unsealed. 

4. Communications from nations at war to agents in the United 
States should not be transmitted through pouches. 

5. The Department reserves right to censor all mail received in 
the pouches. Bryan. 



Part XVI. 



CENSORSHIP OF TELEGRAMS. 



Ambassador Gerard to the Secretary of State. 

[Telegram — Paraphrase.] 

American Embassy, 
Berlin, December 4, 1914. 
Mr. Gerard says the German Foreign Office in referring to the 
necessity for uninterrupted telegraphic communications between Ger- 
many and the United States relative to cotton matters states that it 
seems from reliable sources that cablegrams sent over commercial 
lines and Western Union to Memphis and New Orleans, even from 
neutral countries referring to cotton transactions and giving or 
confirming orders or repetition of unanswered messages have not 
been acknowledged. Mr. Gerard says the German Government 
assumes therefore that the interested parties in Great Britain have 
censored these messages so as to render indefinite her agreement that 
cotton might go to European countries as noncontraband. Mr. 
Gerard adds that the German Government asks the United States 
Government to take the necessary steps to secure the uninterrupted 
transmission of cotton messages. 



216 DIPLOMATIC CORRESPONDENCE BETWEEN 

Part XVII. 

DISPLAY BY NAVAL VESSELS OP DISTINGUISHING 
MARKS ON THE HIGH SEAS. 



The German Ambassador to the Secretary of State. 

[Translation.] 

German Embassy, 
Washington, Dec. 1, 1915. 
Mr. Secretary of State: 

By direction of my Government I have the honor to ask of Your 
Excellency that orders be issued to the Commanding officers of 
American Warships in the Mediterranean to display the national 
flag so that it can be clearly seen by day and to keep the ship and 
flag sufficiently lighted by night, in order to avoid their being mis- 
taken for warships of the States at war with the Central Powers. 
The Imperial Government has the honor to offer this suggestion 
with a view to preventing error in submarine attacks. 
Accept, etc., 

(For the Imperial Ambassador:) 

Prinz Hatzfeldt. 



The Secretary of State to the German Ambassador. 

Department of State, 

December 10, 1915. 
Excellency : 

Referring to Your Excellency's Note of December 1, 1915 
(No. A. 7824), in which you ask, by direction of your Government, 
that orders be issued to the commanding officers of American war- 
ships in the Mediterranean to display the national flag so that it 
can be clearly seen by day and to keep the ship and flag sufficiently 
lighted by night, in order that the vessels of this Government may 
not be mistaken for warships of the States at war with the Central 
Powers, I have the honor to transmit herewith a copy of a com- 
munication dated December 10, 1915, from the Secretary of the 
Navy, indicating the reasons why the Navy Department must decline 
to issue the orders as suggested by the Imperial Government. 

The substance of the Secretary of the Navy's letter has been 



THE UNITED STATES AND GERMANY 217 

transmitted to the American Ambassador at Berlin by telegraph for 
communication to the Imperial Foreign Office. 

Accept, etc., Robert Lansing. 



[Inclosure.] 

TJie Secretary of the Navy to tlie Secretary of State. 

Navy Department, 
Washington, December 10, 1915. 

Sir: I have the honor to acknowledge the receipt of your letter 
of December 8, 1915, transmitting a copy in translation of a note 
dated December 1, 1915, from the German Ambassador at this capital, 
asking that orders be issued to the commanding officers of American 
war vessels in the Mediterranean to display the national flag so 
that it can be clearly seen by day and to keep the ship and flag 
sufficiently illuminated at night, in order that the vessels of this 
Government may not be mistaken for the warships of the states at 
war with the Central Powers. It is further noted from the inclosure 
that the German Government offers this suggestion with a view to 
preventing error in submarine attacks. 

The distinguishing marks and lights to be carried by men-of-war 
on the high seas are prescribed by international agreement as 
embodied in the statute law of the United States in regulations for 
preventing collisions at sea. These rules do not require the display 
of colors by day when not in sight of other vessels nor do they require 
the display of colors at night nor the illumination of the ship and 
colors at night. 

Within territorial waters or blockaded areas this Department eon- 
cedes the right of a foreign government to require the use of special 
distinguishing lights or signals, and in fact such local regulations 
are provided for by the international rules above mentioned. 

On the high seas, however, no nation has a right to prescribe or 
suggest rules for the conduct of the vessels of other nations, and 
the responsibility for preventing attacks on innocent vessels under 
the circumstances suggested by the German Government must rest 
with the belligerent nation concerned and not with the neutral nation 
whose flag the ship may fly. 

This Department considers that the entering into of an arrange- 
ment with one or more belligerents, not provided for by international 
agreement, would be a most dangerous and inexpedient procedure. 

In view of the above, this Department must decline to issue the 
orders requested by the German Ambassador to the commanding 
officers of American war vessels in the Mediterranean and must con- 
tinue to consider that the German Government is wholly and fully 
responsible for the prevention of unintentional attacks by its naval 
forces on the vessels of the United States. 

Very sincerely, yours, Josephus Daniels. 



218 DIPLOMATIC CORRESPONDENCE BETWEEN 

Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, January 24, 1916. 
Sir: With reference to the Department's telegram No. 2491, * 
of December 10, 1915, 5 p. m., regarding certain suggestions or 
instructions on the part of the German Government, applying to 
American ships of war in the Mediterranean, which were brought 
to your attention by the German Ambassador in Washington, I have 
the honor to inform you that I did not fail to bring the contents of 
the Department's telegram to the attention of the Imperial Secretary 
of State for Foreign Affairs on December 14, last, and that I am 
now in receipt of his reply, a copy in translation of which I inclose 
herewith. A resume of this Note has to-day been cabled to the 
Department in the Embassy's telegram 3386. 
I have, etc., 

James W. Gerard. 



[ Inclosure — Translation. ] 

The German Minister for Foreign Affairs to Ambassador Gerard. 

Foreign Office, 
Berlin, January 19, 1916. 

The undersigned has the honor to reply as follows to the esteemed 
note of His Excellency, the American Ambassador, Mr. Gerard, of 
December 14, 1915, F. 0. No. 6821: 

If the Imperial Government proposed to the Government of the 
United States that the American warships in the Mediterranean be 
instructed to fly their national flags clearly visible during the day, 
and to provide sufficient illumination of vessel and flag at night, 
this merely represented a friendly suggestion, as is self-evident from 
the nature of the matter. It was by no means the intention of the 
Imperial Government to wish to issue instructions to the American 
Government in this regard. This suggestion had for its object in the 
first place to serve the interest of the American Government, but 
by no means to infringe upon its rights, as the American marine 
authorities erroneously appear to assume. 

The Imperial Government is moreover not in the position to accept 
the point of view of the American marine authorities; that no state 
has a right to give friendly advice to another state. According to 
the conception of the Imperial Government, a belligerent power not 

1 Not printed. 



THE UNITED STATES AND GERMANY 219 

only has the right, but even the duty to warn a neutral of dangers 
which may possibly menace him, in case he should get into unintended 
danger through operations of war about to take place. 

In its reply of December 14, 1915, the American Government 
bases its point of view solely on formal instructions. In the opinion 
of the Imperial Government, the American Government does not 
sufficiently take into account the fact that these instructions were 
principally intended to safeguard shipping in normal times; that is, 
in times of peace. The particular requirements of war hardly render 
the appeal of a neutral power to such instructions permissible, if 
the one-sided disadvantage of one of the belligerents is thereby 
caused. 

Even though no explicit regulations exist with regard to the 
German suggestion, the German Government would like to point 
out in this connection that it was the American Government itself, 
which appealed on several occasions to the general principles of the 
right of neutrality. According to these, the neutral state is in duty 
bound, not intentionally to place difficulties in the way of the military 
operations of one of the belligerents, unless its own justified interests 
are violated. The point of view taken by the American Government 
would logically lead to the result that even in times of war, American 
warships, in appealing to the right valid in times of peace of free 
transit on the high seas, could demand unhindered passage between 
two battling warships. 

The foregoing considerations and urgent military interests, espe- 
cially the exigencies of submarine warfare, concerning which the 
American Government itself admitted in the note of July 23, 1915, 
F. 0. No. 4376, that it was prepared to take its special conditions 
into account, render it impossible for the Imperial Government, to 
its sincere regret, to accept the American point of view, which in 
case of mistaking a vessel, wishes to place the blame solely and 
entirely on the German naval forces. 

The Imperial Government cherishes the hope that the American 
Government, upon subjecting the German suggestion to a new and 
well-wishing examination, will not refrain from listening to the 
above arguments. 

While requesting him to bring the foregoing to the attention 
of the American Government, the undersigned avails himself of this 
opportunity to renew to His Excellency, the Ambassador, the assur- 
ance of his highest consideration. 

Von Jagow. 



220 DIPLOMATIC CORRESPONDENCE BETWEEN 

Part XVIII. 

AMERICAN PRISONERS OF WAR TAKEN TO GERMANY ON 
GERMAN PRIZE SHIP YARROW DALE. 



Ambassador Gerard to the Secretary of State. 

[ Telegram — Paraphrase — Extract. ] 

American Embassy, 
Berlin, January 19, 1917. 
Mr. Gerard reports that the evening papers say that the English 
steamer Yarrowdale has been brought to Swinemunde as a prize, hav- 
ing on board 469 prisoners taken from ships which had been captured 
by German auxiliary cruisers, among whom were 103 neutrals, and 
of this latter number those taken on board enemy armed ships, and 
who had accepted pay on such ships would be held as prisoners of war. 



The Secretary of State to Ambassador Gerard. 

[Telegram — Paraphrase.] 

Department of State, 
Washington, January 22, 1917. 
Mr. Lansing instructs Mr. Gerard to telegraph him at once if there 
were any American citizens among the prisoners brought by the Yar- 
rowdale to Swinemunde, and if there were, to also give him their 
names and American addresses. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, January 24, 1917. 
Mr. Gerard, referring to the Department's instructions numbered 
3809, dated January 22, reports that he had sent a note to the German 
Foreign Office on the 20th of January, asking information as to 
whether there were any Americans among the prisoners brought to 
Swinemunde. No answer having been received, he was sending an- 
other note that day. 



THE UNITED STATES AND GERMANY 221 

Ambassador Gerard to the Secretary of State. 

[Telegram— Paraphrase.] 

American Embassy, 
Berlin, January 26, 1917. 
Mr Gerard reports that a correspondent there had ascertained on 
the day before from an Under Secretary of State that there were some 
Americans among the 107 neutrals brought by the Yarrowdale to 
Swinemunde, and also that there was an acrimonious divergence ot 
opinion as to what position the Government should assume regarding 
them He also says he had sent notes to the German Foreign Office 
asking information as to whether there were any Americans among 
those prisoners on January 20th, 24th, 25th, and the 26th, but had 
received no answer. 



Ambassador Gerard to the Secretary of State. 
[Telegram.] 

American Embassy, 
Berlin, January 30, 1917. 
Following note received from Foreign Office to-day. Please note 
that although it refers to my note of twenty-fifth, my first note re- 
garding this subject was written on [a] subject of Turkey. 

"Foreign Office, Berlin, January 28, 1917. The undersigned has 
the honor to inform his excellency, Mr. James W. Gerard, Ambassa- 
dor of the United States of America, in reply to the esteemed note oi 
the twenty-sixth instant, Foreign Office number 16102, that in pur- 
suance of information furnished by the Imperial Navy, there are a 
number of American citizens among the crews of the sunk armed 
English merchantmen Voltaire, Mount Temple, and Georgic brought 
to Swinemunde with the prize Yarrowdale and thereupon taken 
away as prisoners of war. In order to ascertain the names of the 
Americans it is necessary to examine the lists of the crews; these 
lists have been requested ; unfortunately they are not at present m 
Berlin but elsewhere ; in the hands of certain military authorities. 

"Undersigned will send further advice at an early date and the 
undersigned avails himself of this occasion et cetera : 

Stumm. 
Gerard. 



222 DIPLOMATIC CORRESPONDENCE BETWEEN 

Ambassador Gerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, February 1, 1917. 

Foreign Office has sent me following names of persons from 
crews of destroyed armed English merchant ships Georgia, Mount 
Temple, and Voltaire, who claim to be American citizens; all except 
the two doctors Snyder and Davis and two veterinaries Zabriskie and 
McKim are in prison camp at Duelmen in Westf alen ; the doctors and 
veterinaries will probably be taken to-morrow to the temporary camp 
at Karlsruhe. Names and places of residence follow : Steamer Georgic, 
Harry Middleton, Toledo ; William Hutchins, New York ; John Brady, 
John McCarthy, Harry Hynes, Peter Gallagher, all of New .York ; 
Walter Moffat, Brooklyn; Dr. John Davis, Columbus, Mississippi; 
Evans Orville McKim, William Brown, both of New York; Walter 
Aberle, Edward Brennan, both of Brooklyn; Albert Depew, New 
York; Arthur Thimme, William Kenedy, both of Brooklyn; Frank 
Daly, Indianapolis; Edward Roche, New York; Heins Rein, Idaho; 
Joseph Sigismonde, New York ; John Nyberg, Jersey City ; Harry La 
Vere, New York; Francis Sulley West, New York; Albert Feroli, 
John Carlo, Edward Mallon, John Marco, Dun Goodwin, Arthur 
Field, John Smith, all of New York; Arthur Gilmore, Providence; 
Frank Taylor, John Hartly, William Adams, all of Brooklyn; Louis 
Hitchmough, Jersey ; Joseph Blacke, Brooklyn ; Charles Ogran, James 
Sims, Martin Connolly, all of New York ; John McCarthy, New Bed- 
ford ; Will McKellar, Watertown ; John Hutchinson, Newton ; Evans 
Williams, New York; Keemes Madigans, Brooklyn; Edward Clark, 
of Dallas ; Frank McHughes, Pat Shea, Thomas McFarren, all of New 
York; James Parker, New Jersey; John Allen, New York; Vinciah 
Edge, New Bedford; Thomas Martin, Brooklyn; Charles Scott, New 
York; John 0. Bourle, New Jersey; Richard Donnolip, New York; 
John Ryan, New York; George Fields, Philadelphia. 

Steamer Mount Temple: Veterinary Zabriskie, Englewood, New 
Jersey; McGreal, Boston; John Glemann, Cambridge, Massachusetts; 
Harry Gilmore, Minnesota; Raymond Gilbert, Farmington, New 
Hampshire; Harald Hinkley, Kennebeck. 

Steamer Voltaire : Doctor Henry Snyder, Norfolk, Virginia ; David 
Harrington. Gerard. 



Ambassador Gerard to the Secretary of State. 

[Telegram — Paraphrase.] 

American Embassy, 
Berlin, February 4, 1917. 
Mr. Gerard reports that he had just been informed by Count Mont- 
gelas of the Foreign Office that the American prisoners taken on the 



THE UNITED STATES AND GERMANY 223 

Yarrowdale would be at once released for the reason that they could 
not have known at the date of sailing that it was the intention of Ger- 
many to regard and treat armed merchantmen as warships. 



The Minister of Switzerland, in charge of German interests in 
America, to the Secretary of State. 

Legation of Switzerland, 
Washington, February 12, 1917. 
Sir: Upon cable instructions from my Government, dated Febru- 
ary 11th, I have the honor to transmit to the American Government 
the following communication from the German Government: 

"The immediate release of about 70 Americans, brought in as 
prisoners of war by the steamer Yarrowdale is conditional to the 
German vessels in American waters not being seized and their crews 
not being interned. ' ' 

Accept, etc., P. Ritter. 



Ambassador Willard to the Secretary of State. 

[Telegram — Paraphrase.] 

American Embassy, 
Madrid, February 17, 1917. 
Mr. Willard reports that the Spanish Minister for Foreign Affairs 
had told him that the German Minister for Foreign Affairs had in- 
formed the Spanish Ambassador at Berlin that the American prison- 
ers brought in by the Yarrowdale and such other nonbelligerents 
would be set at liberty within a very short time. 



The Secretary of State to Ambassador Willard. 

[Telegram.] 

Department of State, 
Washington, February 20, 1917. 
Ambassador Willard is directed to transmit the following to the 
Spanish Ambassador at Berlin through the Spanish Foreign Office : 

"If Yarrowdale prisoners have not been released, please make a 
formal demand in the name of the United States for their immediate 



224 DIPLOMATIC CORRESPONDENCE BETWEEN 

release. If they are not promptly released and allowed to cross the 
frontier without further delay, please state to the Foreign Minister 
that this policy of the Imperial Government, if continued, apparently 
without the slightest justification, will oblige the Government of 
the United States to consider what measures it may be necessary to 
take in order to obtain satisfaction for the continued detention of 
these innocent American citizens." 

Lansing. 



Ambassador Willard to the Secretary of State. 

[ Telegram — Paraphrase. ] 

American Embassy, 
Madrid, February 25, 1917. 
Mr. Willard refers to the Department's instructions, number 269, 
dated February 20, and reports that he has just been informed by the 
German Foreign Office that the Yarrowdale prisoners had been re- 
leased on the 16th. 



The Secretary of State to Ambassador Willard. 

[ Telegram — Paraphrase. ] 

Department of State, 
Washington, February 27, 1917. 
Mr. Lansing, noting the Embassy's dispatch numbered 370, dated 
February 25th, gives instructions that the Foreign Office be requested 
to instruct the Spanish Ambassador at Berlin to at once telegraph 
the Department a full report as regards the Yarrowdale prisoners: 
why they were held, why not sooner liberated, their present where- 
abouts, and, if then in Germany, whether or not arrangements for 
their departure were being facilitated. Mr. Lansing impresses upon 
the Embassy that the above mentioned matters, as well as that of 
the departure from Germany of other Americans, were of serious con- 
cern to the United States Government. 



Ambassador Willard to the Secretary of State. 
[ Telegram — Paraphrase. ] 

American Embassy, 
Madrid, March 2, 1917. 
Mr. Willard, referring to the Department's instructions, numbered 
290 and 291, dated February 27, reports having received a telegram 
from the Spanish Ambassador at Berlin on March 1st which confirmed 



THE UNITED STATES AND GERMANY 225 

the report that the Yarrowdale prisoners had been released on Feb- 
ruary 16th and were making preparations to leave Germany when an 
English member of the crew contracted typhus. Thereupon the Ger- 
man Government was compelled to quarantine them at Brandenburg 
and take additional sanitary precautions. The disease having attacked 
no other members of the party they could probably leave by Switzer- 
land on March 7th. 

The Spanish Ambassador also said that the German Minister for 
Foreign Affairs regretted the delay and had requested that a Spanish 
physician be sent to verify the truth of the above facts. The Spanish 
Ambassador had accordingly ordered doctors to go to Brandenburg 
and to make prompt report thereon, which report he would transmit 
at once. 



The Minister of Switzerland in charge of German Interests in America 
to the Secretary of State. 

Legation of Switzerland, 
Washington, March 2, 1917. 
Sir : Referring to my note of February 12, 1917, I am instructed 
and have the honor to communicate to your Excellency the following 
cable, dated March 1, 1917, from the German Government: 

"The transfer already arranged of American sailors from Yarrow- 
dale to the frontier has not as yet been possible because one of the 
British sailors in camp of Brandenburg, likewise from Yarrowdale, 
and interned with American sailors, was found to be suffering from 
typhus exanthematique. Their transfer to Swiss frontier will prob- 
ably take place March seventh when quarantine comes to an end. 
Spanish Embassy, Berlin, has been invited to have doctor of con- 
fidence visit the Americans. This afternoon, two veterinaries and two 
doctors from the Yarrowdale, who were in officer prison camp at 
Karlsruhe, arrived at Warnemunde for departure to Denmark." 
Accept, etc., P. Ritter. 



Minister Egan to the Secretary of State. 

[Telegram.] 

American Legation, 

Copenhagen, March 3, 1917. 

Mr. Egan reports that there arrived in Copenhagen on the first 

instant four American medical officers who were released from the 

prison camp at Karlsruhe, Germany, on February 27, brought to the 

frontier of Denmark and placed in charge of Danish authorities who 



226 DIPLOMATIC CORRESPONDENCE BETWEEN 

sent them to Copenhagen. Dr. H. D. Snyder, of Norfolk, Va., signed 
on Lamport and Holt liner Voltaire at Liverpool November fifteenth. 
The Voltaire was captured on December 2 by a German ship supposed 
to be the Puma, a converted fruit vessel. Other ships captured be- 
tween the second and twelfth of December are as follows: Duchess 
of Cornwall, sailing vessel from St. John's, Newfoundland; Genitor, 
White Star Line from Philadelphia; Halhjrg, Norwegian steamer 
from New York; King George from New York; Cambrian Range 
from Philadelphia; Mount Temple from Montreal; Saint Theodore 
and the Yarrowdale. Four hundred and eighty-three sailors and 
officers were captured, all of whom were treated as prisoners and 
were transferred from the Puma to the Yarrowdale on the 13th. The 
Yarrowdale arrived at Swinemunde on the 31st. The sailors were 
placed in a brick shed, and the officers were taken to other barracks. 
Eight captains, one English officer, and Dr. Snyder were taken to 
the Neustrelitz prison camp. With the exception of Dr. Davis, the 
English surgeon, and Dr. Snyder, who were sent to hospital, the men 
were put in frame sheds. On January 25 the men were sent to 
Dulmen and on February 5 the officers were sent to Karlsruhe. On 
February 10 the first interview was had with Major Schoenbeck, the 
commander of the camp, it being the first hearing of any kind that 
they were able to obtain. They were released on February 27 and 
sent to Warnemunde, where they were delivered to the Danish police. 
They have had no word from the men since they left on January 25. 
On January 27 all other neutrals were released, including four 
Americans, two negro, one unknown white, and one white named 
Green. All are without money and clothing and all desire an imme- 
diate return to the United States. 



Ambassador Willard to the Secretary of State. 

[Telegram — Paraphrase.] 

American Embassy, 
Madrid, March 7, 1917. 
Mr. Willard states that it is reported by the Spanish Ambassador 
at Berlin that the Yarroivdale prisoners at Brandenburg were visited 
by the Spanish Embassy doctor on the first instant. The doctor 
approved of the quarantine and stated that conditions were as 
reported by German officials. The case of typhus occurred on the 
twentieth of February and unless new cases occur the quarantine 
will end on the seventh of March. The doctor further stated that 
the men had no complaint to make other than of diet and were glad 
to learn of their approaching release. Only five of the fifty-seven 
Americans were in the hospital, these suffering from slight colds 
and five men of other nationalities are under medical observation. 



THE UNITED STATES AND GERMANY 227 

Ambassador Willard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Madrid, March 12, 1917. 
Mr. "Willard reports that it is stated by the Spanish Ambassador 
at Berlin that fifty-nine Americans of the Yarrowdale detained at 
Brandenburg left Germany via Sweden on March eighth and one 
other from another camp was also released. Willard. 



Minister Stovall to the Secretary of State. 

[Telegram — Paraphrase.] 

American Legation, 
Berne, March 12, 1917. 
American prisoners from Yarrowdale, to the number of 59, ar- 
rived in Zurich yesterday. Stovall. 



Minister Stovall to the Secretary of State. 

[Telegram — Paraphrase.] 

American Legation, 
Berne, March 16, 1917. 
Mr. Stovall informs the Department of the receipt of a report 
from the Consul General at Zurich that no complaint was made by the 
men of the Yarrowdale of their treatment while on the high seas or in 
the camp near Swinemunde which was their first camp. They were 
first transferred to Brandenburg about January 10, where, according 
to their statement, their treatment b.y the officers was very harsh. It 
was impossible for them to keep warm. They were kept standing in 
the cold and snow. Their food consisted, after one cup of coffee in the 
morning, mostly of boiled, frosted cabbage; once a week beans; and 
once a week mush. The only sickness they mentioned from which 
they suffered was one case of lumbago. They knew nothing of any 
cases of contagious diseases. 



Minister Stovall to the Secretary of State. 

[Telegram — Paraphrase. ] 

American Legation, 
Berne, March 18, 1917. 
Mr. Stovall reports having personally conversed with the crews 
on board the Yarrowdale as to the treatment received by them and 
submits the following supplementary report: 

The most cruel and heartless treatment was accorded the ship- 
wrecked American sailors from the moment of their arrival in Ger- 



228 DIPLOMATIC CORRESPONDENCE BETWEEN 

many, January 3rd. The weather was very cold and they were given 
no suitable clothes. There was an entire insufficiency of the usual 
prison food. The statement was made by M. J. Connolly belonging 
to the crew of the steamship Georgic that a German officer had, with- 
out provocation, severely kicked him in the abdomen. This assault 
is still causing Connolly severe suffering. The arm of Albert Depew 
of Yonkers, New York, was in a bandage. This was due to a wound 
caused by shrapnel shot by the Germans at an open boat in which, 
after the sinking of the Georgic, he and his comrades had taken 
refuge. Statements were made by all of the men that so inhuman has 
been their treatment that, in case during their voyage home a sub- 
marine was sighted, they would prefer immediate drowning rather 
than any further experience with the German prison camps. 

This inhuman treatment was inflicted upon these seamen a month 
before relations were broken between the United States and Germany 
and while the most cordial friendship for America was professed by 
Germany. 



Ambassador Willard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Madrid, March 18, 1917. 
Harrington last American citizen of Yarrowdale prisoners left for 
Denmark by Warnemunde, 13th instant. 

"Willard. 



Part XIX. 



STATUS OF ALLIED CONSULAR OFFICES IN BELLIG- 
ERENT TERRITORY OCCUPIED BY ENEMY TROOPS. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, December 4, 1914. 
Sir : I have the honor to transmit to you herewith a copy in trans- 
lation of a Note Verbale, received from the Imperial German Foreign 
Office, stating the position of the German Government, respecting the 
recognition of Consular Officers in territory under occupation by the 
German Army. 

I have, etc., James W. Gerard. 



THE UNITED STATES AND GERMANY 229 

[Inclosure — Translation.] 

Foreign Office, 
Berlin, November 30, 1914. 

NOTE VERBALE. 

Now that the German Army has occupied various portions of 
enemy countries, the German Government considers the Exequaturs 
of the Consuls, formerly permitted to act in such districts, to have 
expired. 

The Imperial Government would, however, be disposed to con- 
sider favorably any wishes of allied and neutral countries, respecting 
the establishment of consular offices in the districts in question, except- 
ing, of course, those districts where military operations are still in 
course. 

In Belgium consular activities in the provinces of East and West 
Flanders would accordingly not be permitted at present. "With regard 
to the other parts of Belgium, consular officers would be permitted 
to act for the present in Brussels, Antwerp, and Liege, but not at 
other points. 

The Imperial Government would not consider the issuance of 
formal Exequatur advisable; to consular officers, whose names are 
communicated to the Foreign Office, would simply be granted tem- 
porary recognition to enable them to act in their official capacity, 
under reserve of the usual investigations respecting their records. 

In view of the peculiar circumstances contingent on military occu- 
pation, the Imperial Government would be grateful if only such per- 
sons should be nominated as are assuredly friendly to Germany or 
have at least neutral convictions. 

In bringing the above to the attention of the Embassy, the Foreign 
Office has the honor respectfully to request that the American Gov- 
ernment may be notified in the above sense. As the Embassy is aware, 
the German Government has already recognized Consul-General 
Diederich at Antwerp, assuming this to be the wish of the American 
Government. 



The Belgian Minister to the Secretary of State. 

[Translation.] 

Belgian Legation, 
Washington, December 28, 1914. 
Mr. Secretary of State: 

I have just received the following cablegram from my Govern- 
ment: 

The German Government has just notified the neutral powers of 
its intention to cancel the exequaturs granted by the Belgian Govern- 
ment to foreign consuls and to create but those consular posts at 



230 DIPLOMATIC CORRESPONDENCE BETWEEN 

Brussels, Liege, and Antwerp, temporary recognition only being 
granted to those officers. 

The Belgian Government has entered protest at Berlin, under 
Article 42 of the 4th Convention of The Hague, military occupation 
only confers upon the occupant State over the territory of the occu- 
pied State de facto possession, the right to cancel all exequaturs can- 
not be derived from that title. 

I have been officially instructed to notify Your Excellency of the 
Belgian Government's protest. 

Be pleased to accept, etc., E. Havenith. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, January 11, 1915. 
Sir: With reference to my dispatch No. 308 of December 4, 1914, 
I have the honor to transmit to you herewith a copy and translation 
of a Note Verbale, received from the Imperial German Foreign Office, 
dated January 3, 1915, and of a Note Verbale * addressed to the 
Imperial Foreign Office by the Royal Spanish Embassy at Berlin, 
relative to the protest of the Belgian Government against the posi- 
tion taken by the German Government, respecting the recognition of 
consular officers in territory under occupation by the German Army. 
I have, etc., James W. Gerard. 



[Inclosure — Translation. ] 

Foreign Office, 
Berlin, January 3, 1915. 

note verbale. 

In supplement to its Note Verbale of November 30, 1914, No. Ic 
16180, the Foreign Office has the honor to inclose herewith to the 
Embassy of the United States of America a copy of a Note Verbale, 
received from the Royal Spanish Embassy, which transmitted to the 
Imperial German Government a protest of the Belgian Government 
relative to the position of neutral consuls in Belgium: 

The Imperial Government is obliged to consider that the protest of 
the Belgian Government is not well founded. 

Article 42 of the IVth Hague Convention in particular is not cap- 
able of supporting the view of the Belgian Government. This article 
makes it obligatory on the occupant State only to maintain as far as 

1 Not printed ; substance stated in preceding document. 



THE UNITED STATES AND GERMANY 231 

possible public order in the occupied districts, but not to permit the 
officials of the enemy State to remain in office. Such officials cannot 
be tolerated, except as far as military considerations admit, and if 
the officials themselves are ready to comply with the regulations of 
the occupant State. If these principles are applied by analogy to the 
Consuls of neutral States, it results that they also cannot perform their 
public duties, except by consent of the occupant Power and to the 
extent allowed by it, inasmuch as the exequatur of the enemy is not 
binding on the occupant Power. 

The Note Verbale of the Imperial Foreign Office of November 30, 
last, does not affect the rights of the Belgian Government in any way, 
but deals exclusively with the interests of the Imperial Government, 
which conceives it to be its right and its unalterable duty to regulate 
for the period of occupation the consular protection in the territory 
occupied by its Army. Moreover, this re-regulation is primarily 
necessary in the interests of neutral nations themselves. More than 
300 consular representatives of the allied and neutral States were 
hitherto officially recognized in Belgium. By far the majority of them 
were honorary consuls of Belgian nationality, and of them a large 
number have left Belgium. It is beyond doubt that the Imperial 
Government, in the very interest of neutral nationals, cannot hesi- 
tate to see to it that their consular protection is established securely 
and effectively, to which end it has, as a first step, requested the 
allied and neutral Governments, under date of November 30, 1914, 
to express their wishes. 

The Foreign Office begs to request the good offices of the Embassy 
of the United States of America to the end that the above may be 
brought to the attention of its Government. 



The Secretary of State to Ambassador Gerard. 
[Telegram.] 

Department of State, 
Washington, January 21, 1915. 
Note verbale inclosed in your dispatch 308. You are instructed 
to present the following to the German Government: 

The Government of the United States has received and given con- 
sideration to the Note Verbale of the Imperial Government dated 
November 30, 1914, in which it is stated that the German Army now 
having occupied various portions of enemy countries, the German 
Government considers the Exequaturs of the Consuls, formerly per- 
mitted to act in such districts, to have expired. That the Imperial 
Government would, however, be disposed to consider favorably any 
wishes of allied and neutral countries respecting the establishment of 
consular offices in the districts in question, excepting, of course, those 
districts where military operations are still in course; and that the 
Imperial Government would not consider the issuance of formal 
Exequaturs advisable ; to consular officers, whose names are communi- 



232 DIPLOMATIC CORRESPONDENCE BETWEEN 

cated to the Foreign Office, would simply be granted temporary recog- 
nition to enable them to act in their official capacity, under reserve of 
the usual investigations respecting their records. 

The Government of the United States, in view of the fact that 
consular officers are commercial and not political representatives of a 
government and that permission for them to act within denned dis- 
tricts is dependent upon the authority which is in actual control of 
such districts irrespective of the question of legal right, and further, 
in view of the fact that the consular districts, to which reference is 
made in the Note Verbale of the Imperial Government, are within 
the territory now under German military occupation, is not inclined 
at this time to question the right of the Imperial Government to 
suspend the exequaturs of the consular officers of the United States 
within the districts which are occupied by the military forces of the 
German Empire and subject to its military jurisdiction. 

The Government of the United States notes that all the consular 
districts in Belgian territory occupied by the German military 
forces, excepting Brussels, Antwerp, and Liege, are considered by the 
Imperial Government to be within the zone of military operations 
and that within such districts, except those named, the Imperial Gov- 
ernment will not permit consular officers to exercise their functions. 

The Government of the United States in the circumstances assumes 
that the Imperial Government will raise no objection to the consular 
officers of the United States now stationed at Brussels, Antwerp, 
Liege, and other places similarly situated acting in their official 
capacity, and that, if the de facto authorities at those cities object 
on personal grounds to any of such officers continuing, the Govern- 
ment of the United States will be forthwith notified of such objection. 

Bryan. 



The Secretary of State to the Belgian Minister. 

Department op State, 
Washington, January 25, 1915. 
Sir : I have received your note, No. 3465, of December 28, 1914, in 
which you refer to the notification of the neutral powers by the Ger- 
man Government of its intention to cancel the exequaturs granted by 
your Government to foreign consuls and to create but three consular 
posts, namely, Brussels, Liege, and Antwerp, only granting temporary 
recognition to the consular officers stationed at those places. 

You state that your Government has entered a protest at Berlin 

under Article 42 of the Fourth Convention of The Hague, to the 

effect that military occupation only confers upon the occupant de facto 

possession, which does not carry with it the right to cancel exequaturs. 

Accept, etc., W. J. Bryan. 



THE UNITED STATES AND GERMANY 233 

The Belgian Minister to the Secretary of State. 

[ Translation — Extracts. ] 

Belgian Legation, 
Washington, February 13, 1915. 
Mr. Secretary of State: 

I am instructed by the King's Government and have the honor 
to forward herewith to your Excellency a copy of the German Gov- 
ernment's reply to the Belgian Government's protest, together with 
a copy of another note from the Belgian Government which the 
Spanish Government kindly undertook to deliver at Berlin. 

I embrace this opportunity, etc., E. Havenith. 



[Inclosure 1 — Translation.] 

The Imperial German Foreign Office to the Royal Embassy of Spain. 

Spanish Embassy, 
Berlin, January 3, 1915. 

The Department of Foreign Affairs has the honor to answer the 
note verbale of the Royal Embassy of Spain of December 31 last 
as follows: 

The Imperial Government is of opinion that the Belgian Govern- 
ment's protest in the matter of the exequaturs of consuls in Belgium 
is groundless. 

Article 42 of the IVth Convention of The Hague, in particular does 
not support the views of the Belgian Government. Under that article 
the occupant Power is bound to maintain, as far as possible, public 
order in the occupied area ; the article in no wise binds it to continue 
all officials in office. This, on the contrary, could only be done within 
the measure allowed by the military considerations of occupation and 
not on the mere condition that those officials will be ready to yield 
to the authority of the occupant Government. Those principles apply 
to neutral consuls, and those officers can only discharge their public 
duties if and as far as the occupant Power agrees, as the enemy's 
exequatur is not binding on that Power. 

The circular note of the Imperial Government concerning consuls 
does not in any way touch upon the rights of the Belgian Govern- 
ment ; it merely deals with the rights of Imperial Government which 
claims it as its inborn right and undisputable duty to regulate the 
consular protection of neutral subjects for the term of occupation. 
This new rule furthermore and foremost is required for the good of 
the neutral subjects themselves. Inasmuch as 300 representatives at 
least of the allied or neutral states were recognized in Belgium, most 
of them of Belgian nationality, many of them having left the coun- 
try, it is plain that in the interest of the neutral subjects themselves 
it would not be well for the Imperial Government to delay giving 
its attention to assured and effective regulations for their protection. 



234 DIPLOMATIC CORRESPONDENCE BETWEEN 

[Inclosure 2 — Translation.] 
The Belgian Foreign Office to tlie Royal Embassy of Spain. 

NOTE VERB ALE. 

Germany claimed, in her communication of December 5, that the 
occupant of an invaded country had the right to regard as "annulled" 
all exequaturs previously issued to Consuls in office by the lawful 
power of that country. 

The claim is untenable. 

By reason of the character of the occupant's power which flows 
from mere possession and is in no wise final, Article 43 of the 
IVth Convention of The Hague sanctions, in principle, the contin- 
uance of civil and administrative laws and, consequently, of existing 
conditions. 

It is idle for Germany to invoke, in her note of January 3, mili- 
tary and administrative considerations. These both may justify the 
withdrawal of the exequatur of a consul who should indulge in hos- 
tile acts or behave in a manner inconsistent with the duties of his 
office. But they cannot warrant either a general right of cancella- 
tion as claimed by Germany nor her assuming to upset the whole 
Consular organization to reduce the number of consuls to three for 
each nation and to bar from consulates, on the sole ground that they 
are Belgians, men who have committed no act antagonistic to mili- 
tary interests and honestly acknowledged the occupant's rights as 
defined by The Hague Convention. 

The German proposition, if accepted, would carry the consequence 
of throwing into a state of disastrous uncertainty the Consulates 
established in parts that are occupied one day and retaken the next. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, March 12, 1915. 
Sir: With reference to the Department's telegram No. 1044, dated 
January 21, 4 p. m., the substance of which was duly communicated 
to the Imperial Foreign Office, I have the honor to transmit to you 
herewith a copy in translation of the reply of the Foreign Office, 
dated March 9, 1915, on the subject of the consular representation 
of the United States in Belgium. 

I have, etc., James W. Gerard. 



THE UNITED STATES AND GERMANY 235 

[Inclosure — Translation.] 

Foreign Office, 
Berlin, March 9, 1915. 

NOTE VERBALE. 

The Foreign Office has the honor to convey its best thanks to the 
Embassy of the United States of America for the statement com- 
municated with the esteemed Note Verbale of January 25, 1915, 
F. O. No. 2002. 

The Foreign Office gladly takes the opportunity expressly to con- 
firm that no objections are raised to the American consular repre- 
sentatives now stationed at Antwerp and Liege. These two officials 
have succeeded under the trying conditions of the present time in 
establishing the most agreeable official relations with the authorities 
of occupation. 

Mr. Watts, the Consul General at Brussels, is on leave of absence, 
and it would appear that he is not to return to his post. Should the 
Government of the United States propose to fill this post again, this 
intention would agree with the wishes of the Imperial Government 
and the military authorities in Belgium. 

Although Ghent is still within the zone of military operations, and 
official consular activity there would therefore' appear not to be 
desirable as yet, the Foreign Office would like to state at this time 
that no objections on personal grounds .will be raised against Mr. 
Jansen, the Consul of the United States at that place. 



Ambassador Gerard to the Secretary of State. 
[Telegram — Paraphrase.] 

American Embassy, 
Berlin, June 14, 1916. 
Mr. Gerard reports that the German Foreign Office states that the 
Government has in contemplation extending the same recognition to 
Consul at "Warsaw as has been accorded to consuls at Antwerp, Liege, 
and Brussels. Mr. Gerard states that Foreign Office desires to be 
informed whether recognition in this form will be regarded as accept- 
able by the United States Government. 



The Acting Secretary of State to Ambassador Gerard. 

[Telegram — Paraphrase.] 

Department of State, 
Washington, July 12, 1916. 
Mr. Gerard is directed to inform the German Foreign Office that 
the German Government's proposal to grant permission to the Ameri- 



236 DIPLOMATIC CORRESPONDENCE BETWEEN 

can Consul at Warsaw, in accordance with the treatment of consuls 
in Belgium, to exercise his consular functions in the portion of his 
consular district under the military occupation of Germany, is accept- 
able to the United States Government. 



Pakt XX. 
BELGIAN RELIEF. 



The Secretary of State to Ambassador Gerard. 

[Telegram.] 

Department of State, 
Washington, October 7, 1914. 
Department has received following from London, which you may 
communicate to Imperial Foreign Office: 

Belgian committee has been formed at Brussels under the patron- 
age of the American and Spanish ministers for the purpose of import- 
ing foodstuffs for the poor of Belgium. The German authorities in 
occupation have consented and the Belgian Minister here informs me 
that under instructions from his Government he has obtained per- 
mission of the British authorities for the export of supplies on condi- 
tion that they be dispatched by this Embassy and consigned to our 
Legation at Brussels. I believe it would be well to obtain a definite 
assurance from the German Government of their approval of this 
humanitarian project the execution of which is in charge of an 
American citizen, Mr. Shaler, who is now in London purchasing 
supplies. 

Please take up informally with Foreign Office and cable reply. 

Bryan. 



Minister Whitlock to the Secretary of State. 

[Telegram.] 

American Legation, 
Brussels, October 16, 1914. 
As I have already reported to the Department, a committee of 
notable citizens of Brussels was appointed several weeks ago under 
patronage of the Spanish Minister and myself to give food to the 



THE UNITED STATES AND GERMANY 237 

poor of this city. This work, which had the approval of the Belgian 
Government and of the German military authorities, has been carried 
on with excellent results. But now a grave situation confronts the 
land. In normal times Belgium produces only one-sixth of the food- 
stuffs she consumes. Within two weeks there will be no more food 
in Belgium. Winter is coming on and there are thousands who are 
without home and without hope, therefore it is necessary to extend 
this relief work to the whole of Belgium. My Spanish colleague and 
I have been requested by the local Belgian authorities and by the 
German military authorities to permit the organization, under our 
patronage, of a committee that will undertake to revictual all of 
Belgium and we have secured from the German military authorities 
formal official assurance that all foodstuffs shipped into Belgium in 
the care of the committee and intended for the feeding of the 
impoverished civil population will be respected by the soldiery and 
not made the object of military requisition. It is now necessary to 
obtain permission from the English Government that foodstuffs may 
be shipped into Belgium. In view of this fact Gibson goes to London 
tomorrow with messages from the Spanish Minister and me to the 
respective ambassadors of our countries to lay the subject before 
them. Baron Lambert and Mr. Franqui, representing the Belgian 
Eelief Committee, will accompany him to acquaint the Belgian Min- 
ister in London with the situation and ask him to present the matter 
to the British Government. Our hope is that the Belgian Minister 
can arrange, and if there be no impropriety in their so doing, that the 
American and Spanish ambassadors may assist him in arranging for 
the passage of the provisions which the committee is ready to buy. 
I trust the Department will approve this course and further it by 
instructions to London. It is not money but food that is needed. 
If some appropriate means can be found to call the attention of our 
generous people at home to the plight of the poor in Belgium, I am 
sure that they will send succor and relief for the winter that is 
drawing near. It seems to me to be a work of mercy that will touch 
the hearts of those who are brought to understand it and give our 
people in America an opportunity to serve nobly in a high cause. 

Whitlock. 



The Acting Secretary of State to Ambassador W. H. Page. 

[Telegram.] 

Department op State, 
Washington, October 19, 1914. 
Telegram from Embassy, Berlin, 17th instant, states that German 
Government approves of plan to supply the population of Belgium 
with food. You are authorized therefore to proceed on lines of your 
786, October 6. 1 Lansing. 

1 Not printed; substance stated in instruction to Ambassador Gerard, October 7, 
1914, supra, p. 236. 



238 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Acting Secretary of State to Minister Whitlock. 

[Telegram.] 

Department of State, 
Washington, October 19, 1914. 
Your 548, 18. x The plan of the Belgian committee in Brussels to 
import foodstuffs for poor of Brussels has been approved by the Ger- 
man Government and the Embassy in London has been so advised. 

Lansing. 



The Acting Secretary of State to Minister Whitlock. 
[Telegram.] 

Department of State, 
Washington, October 20, 1914. 
Your telegram October 16, 10 a. m. transmitted via London regard- 
ing relief of Belgium. Department approves your action and has 
given instructions to the Ambassador at London to render you and 
your Spanish colleague every assistance. 

Lansing. 



Ambassador W. H. Page to the Secretary of State. 
[Telegram.] 

American Embassy, 
London, October 26, 1914. 
Your 389, October 24. The commission of Belgian relief working 
under diplomatic guidance of Spanish Ambassador here and myself 
has written assurance of the German military commander of Belgian 
territory held by the Germans that food sent them by this commission 
will not be confiscated. So far as I know this assurance has not been 
given to anyone else who may send food. No food can be exported 
from England or Holland, but the Netherlands Government has given 
this commission permission to distribute food landed at Rotterdam 
through our agents to people in Belgian territory. Since food cannot 
be bought on this side the world, American committees should not 
send money but should confer with Hoover, chairman of this com- 
mission, care of this Embassy, regarding what kind of food to send 
and how to ship it. Commission has agents in every neighborhood 
in Belgium. It has in fact taken charge of practically all grocery 
stores. Money sent will be of no use. Food sent except through com- 
mission may never reach Belgium or be confiscated. 

Page. 

1 Not printed. 



THE UNITED STATES AND GERMANY 239 

The Acting Secretary of State to Ambassador Herrick. 

[Telegram.] 

Department of State, 
Washington, October 31, 1914. 
At request of American Minister at The Hague you are instructed 
to ask whether France will give assurance of recognition of neutrality 
of goods shipped for American commission for relief in Belgium. 

Lansing. 



The Acting Secretary of State to Ambassador Gerard. 

[Telegram.] 

Department of State, 
Washington, November 7, 1914. 
Belgian commission requests that you secure from German Govern- 
ment unmolested passage for neutral food ships from United States to 
Holland for Belgium. This has been done by British Government. 
Also inform Department whether German Government has placed 
embargo on importation into Belgium, in neutral ships, of thoroughly 
disinfected and cleaned secondhand clothing. 

Lansing. 



Ambassador Herrick to the Secretary of State. 
[Telegram.] 

American Embassy, 
Paris, November 11, 1914. 
Your 253, 10th. Foreign Office states that instructions have 
already been sent French Minister at The Hague to offer no objec- 
tion to transit of foodstuffs through the Netherlands from United 
States destined to Belgium. At Embassy's request Foreign Office 
stated it would repeat instructions to Minister at The Hague. 

Herrick. 

The Acting Secretary of State to Ambassador Gerard. 

[Telegram.] 

Department of State, 
Washington, November 20, 1914. 
At the request of the commission for Belgian relief, you may obtain, 
if possible, from the German Government safe passage of British as 
well as neutral ships bound for Rotterdam with food for starving 
Belgians. Such ships will fly the commission's flag. Please ask Ger- 
man Government also whether permission of military authorities in 
Belgium may be obtained for Americans with automobiles to go from 



240 DIPLOMATIC CORRESPONDENCE BETWEEN 

place to place engaged in food distribution. Such Americans will 
carry commission's flag and have letters each with bearer's photo- 
graph from the commission, countersigned by the Spanish and Ameri- 
can ambassadors at London. 

Lansing. 



Ambassador Gerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, November 23, 1914. 

Your 590, 7th, and 677, 20th. 

German Government is entirely in sympathy with laudable work 
of American commission for Belgian relief. German naval forces 
cannot lawfully seize food on neutral ships bound for neutral ports. 
Germany will not interfere with any neutral ships bound for Holland 
with food from the United States even if food is destined for Belgium. 
Subject to revoke German Government agrees to permit unneutral 
ships also to carry food for Belgians to Dutch ports and will give 
same guarantee that food is put to intended uses as for neutral ships. 
German Government recommends that as precaution such unneutral 
ships carry certificate from competent American authority testifying 
that ship carries food for the Belgians to be brought to Belgium via 
Dutch ports by American Commission for Belgian relief with the 
consent of the German Government, and that unneutral ships also 
have pass which German Ambassador, Washington, will issue upon 
certificate above described. Inquiry made about distribution of food 
by Americans in automobiles. Gerard. 



The Secretary of State to the German Ambassador. 

Department op State, 

_, Washington, December 1, 1914. 

Excellency : 

The Department is in receipt of a telegram from the American 

Ambassador at Berlin, transmitting the information that the German 

Government is entirely in sympathy with the laudable work of the 

American commission for the Belgian relief. It is well understood 

that German naval forces cannot lawfully seize food on neutral ships 

bound for neutral ports and that Germany will not interfere with 

any neutral ship bound for Holland with food from the United States, 

even if the food is destined for Belgium. Subject to revocation, the 

German Government also agrees to permit unneutral ships to carry 

food for Belgium via Dutch ports and will give guarantee that the 

food is utilized to the purpose intended. The German Government 



THE UNITED STATES AND GERMANY 241 

recommends, however, that as a precaution such unneutral ships shall 
be furnished with a certificate from competent American authorities 
testifying that such food carried by unneutral ships via Dutch ports 
is intended for the relief of Belgians and, further, that the unneutral 
ships shall also be provided with a pass issued by your Embassy 
authenticating the certificates issued by the American Government. 

The Department believes that the above should be a satisfactory 
arrangement and hopes that it will meet with Your Excellency's 
approval. 

An early reply to this note would be greatly appreciated. 
Accept, etc., W. J. Bryan. 



The German Ambassador to the Secretary of State. 
[Translation.] 

German Embassy, 
Washington, D. C, December 4, 1914. 
Mr. Secretary of State: 

In acknowledging the receipt of Your Excellency's kind note of 
the 1st instant, I have the honor to reply to Your Excellency that I 
concur in the proposals therein made. 

Accept, etc.. j. Bernstorpf. 



The German Ambassador to the Secretary of State. 
[Translation.] 

Imperial German Embassy, 
Washington, December 5, 1914. 
Mr. Secretary of State: 

Supplementing my note of the 4th instant I have the honor to 

inform Your Excellency that I have instructed the German Consul 

concerned to issue, upon American witnesses being brought before 

them, safe conduct to unneutral ships carrying victuals for Belgium. 

Accept, etc., J. Bernstorff. 



Consul General Skinner to the Secretary of State. 

[Telegram.] 

American Consulate General, 
London, December 8, 1914. 
American commission relief in Belgium provide minimum 80,000 
tons cereal foodstuffs monthly and could handle situation except for 
shipping difficulties. Thirty to forty ships needed constantly. Neu- 
tral bottoms being unavailable, have chartered some British ships 



242 DIPLOMATIC CORRESPONDENCE BETWEEN 

and have German agreement not to interfere. Reluctance of British 
owners to send ships to Rotterdam paralyzing program of mercy, 
execution of which hourly more imperative. Commission desire to 
know if American Government would furnish naval ships with or 
without charter on payment of reasonable price. Commission hope 
character of enterprise will warrant Government giving it assistance 
sorely needed. Skinner. 



The Secretary of State to Consul General Skinner. 
[Telegram.] 

Department op State, 
Washington, December 10, 1914. 
Your December 8. Department informed by Navy Department 
there are no suitable ships which can be utilized for purpose men- 
tioned. Department suggests that commission through its American 
representatives might charter neutral vessels. Please communicate 
this to American Ambassador, London. Bryan. 



Ambassador Gerard to the Secretary of State. 1 

[Telegram.] 

American Embassy, 
Berlin, December 11, 1914. 
Department's 677, November 20. Foreign Office informs me that 
desired passes for Americans with automobiles for food distribution 
Belgium have been issued by arrangement between competent pass- 
port authorities in Belgium and American Relief Commission. 

Gerard. 



Memorandum to the German Embassy. 

Department op State, 
Washington, December 18, 1914. 
The Department of State presents its compliments to the Imperial 
German Embassy and has the honor to state that a letter has been 
received from Mr. Lindon W. Bates, vice chairman of the American 
Commission for Relief in Belgium, requesting that an expression of 
the commission's very great appreciation of the prompt and thorough 
arrangements which have been effected with reference to obtaining 
safe conduct for unneutral ships sailing for Belgium and Holland 
loaded with food supplies for the relief of Belgium be conveyed to 
His Excellency Count von Bernstorff. 

1 Repeated to the Embassy at London and the Legation at The Hague. 



THE UNITED STATES AND GERMANY 243 

Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, December 28, 1914. 
Sir: Supplementing my telegram of even date, I have the honor 
to transmit to you herewith a copy and translation of a Note Verbale, 
received from the Imperial German Foreign Office, dated December 
24, 1914, relative to the wording of the certificates with which the 
German Government desires unneutral ships carrying food for Bel- 
gians to be provided. 

I have, etc., James W. Gerard. 



[Inclosure — Translation.] 
The Minister for Foreign Affairs to Ambassador Gerard. 

Foreign Office, 
Berlin, December 24, 1914. 

NOTE VERBALE. 

In supplement to its Note Verbale of November 23, 1914, No. 
II W. K. Be. 179, relative to the supply of food for the population 
of Belgium, the Foreign Office has the honor to inform the Embassy 
of the United States of America that it appears desirable that the 
following statements should be included in the certificates with which 
unneutral vessels are to be provided : 

(a) The express declaration: 

(1) That the ship contains solely food (and clothing) for the 
population of Belgium, to be unloaded in a Dutch port ; 

(2) An undertaking of the master of the vessel on his word 
of honor to abstain from any and all actions on the out- 
ward or return voyage, involving assistance to our 
opponents. 

(6) It is further desired that the following should be pointed out 
in the certificates : 

(3) That certificate and pass are valid only for the single 
outward voyage, and are to be delivered to the German 
Consul upon arrival at the Dutch port of destination or 
to the German Minister at The Hague if there is no such 
Consul. Similar papers for the return voyage will be 
issued by the Imperial German Legation at The Hague ; 

(4) That the papers do not bar a search of the vessel, and the 
cargo must be stowed so that search can be conducted 
quickly and easily; 



244 DIPLOMATIC CORRESPONDENCE BETWEEN 

(5) That the date of departure from the United States is to 
be communicated to the Imperial German Ambassador 
at Washington; the date of the departure from the 
Netherlands on the return voyage is to be communicated 
to the Imperial German Minister at The Hague; 

(6) That an offense against these provisions or against the 
obligations assumed works forfeiture of all right to pref- 
erential treatment. 

The Foreign Office begs to request the Embassy of the United 
States of America to be good enough to take the necessary steps in 
order that the Certificates may be worded in accordance with what 
has been stated above. 



Ambassador W. H. Page to the Secretary of State. 

[Telegram.] 

American Embassy, 
London, December 28, 1914. 
The Foreign Office informs me that the British naval authorities 
will undertake in the future to facilitate the voyage only of such 
charity ships to Rotterdam as contain whole cargoes of food for 
Belgian relief; it is important therefore that such ships should not 
contain other cargo, and to secure this protection all ships for Belgian 
relief must be reported by Lindon Bates, the commission's represen- 
tative in New York, to the British Ambassador in Washington. After 
conferring with Sir Cecil Spring-Rice it might be advantageous to 
give this arrangement wide publicity, because certain societies and 
committees continue to ship contributions of food in ships that carry 
other cargo. 

Page. 



Minister van Dyke to the Secretary of State. 

American Legation, 
[Extract.] 

The Hague, December 29, 1914. 
Sir: I would respectfully call your attention to a report which 
appeared in the American newspapers a month or six weeks ago, to 
the effect that the German civil commander of the Belgian province 
of Limburg had exacted a severe import tax on foodstuffs sent into 
that province from Rotterdam by the American Commission for 
Relief in Belgium. Immediately upon my arrival here I sent for 
the manager of the branch of that commission which is stationed in 
Rotterdam, and learned from him that the facts as stated were cor- 
rect, and that the aforesaid import tax was still demanded. I there- 



THE UNITED STATES AND GERMANY 245 

fore sent the inclosed letter 1 to our manager, instructing him to 
discontinue shipments into the Belgian province of Limburg until 
the tax was removed, and a promise made by the German civil com- 
mander to refund the money hitherto exacted. Copies of the letter 
have been sent to our Minister at Brussels and to our Ambassador 
at Berlin. 

I have, etc., Henry van Dyke. 



Minister Whitlock to the Secretary of State. 

[Telegram.] 

American Legation, 
Brussels, January 2, 1915. 
I have received today assurance from Baron von Bissing, German 
Governor General in Belgium, that orders have been given forbidding 
all further requisition of foodstuffs of whatever sort in Belgian terri- 
tory occupied by German troops, and that the protection thus afforded 
covers cattle and their food as well. He will give any reiterated assur- 
ances that we may desire on any occasion that foodstuffs will not be 
requisitioned, and that we may establish and maintain any kind of 
control that we may see fit to adopt in connection with our relief 
work for the civil population. Similar assurances were given to my 
Spanish colleague. 

Whitlock. 



Ambassador Gerard to the Secretary of State. 

American Embassy, 
Berlin, January 2, 1915. 
Sir : With reference to my dispatch No. 376, dated December 28, 
1914, on the subject of the arrangements for supplying the popula- 
tion of Belgium with food, I have the honor to transmit to you here- 
with a copy of an unofficial note, written by me to His Excellency 
Mr. Zimmermann, Imperial Undersecretary of State for Foreign 
Affairs, relative to the desire of the Belgium Relief Commission that 
the German military authorities in Belgium will not make any fur- 
ther requisitions of food supplies while the international commissions 
are sending in food, and of a reply received from the Undersecretary, 
dated December 31, 1914. My telegram No. 1195, of December 26 
last, informed you of my action in this matter. 

I have, etc., James W. Gerard. 

1 Not printed. 



246 DIPLOMATIC CORRESPONDENCE BETWEEN 

[Inclosure 1.] 
'Ambassador Gerard to the Undersecretary of State for Foreign Affairs. 

American Embassy, 
Berlin, December 28, 1914. 
My dear Mr. Secretary: 

After my call on you last Saturday, on which occasion I was not 
acting officially, but as one of the honorary chairmen of the Belgian 
Relief Commission, I sent to my Government and to the chairman of 
the commission the following telegram: 

Acting not officially, but as one of honorary chairmen Belgian 
Relief Commission, called today with Spanish Ambassador and 
Netherlands Minister on Undersecretary of State Zimmermann, who 
gladly and without hesitation assured us that commanding general 
in Belgium will give assurances to American, Spanish, and Nether- 
lands Ministers in Belgium that German military authorities will 
not make any further requisitions of food supplies in Belgium while 
the international commissions are sending in food, and for a reason- 
able time after the last delivery. 

There is, however, another matter in which the Belgian Relief 
Commission required the assurance of the German Government. Sup- 
plies are being sent to Belgium in British ships. These ships fly the 
flag of the commission, and carry nothing but these supplies for 
Belgium. Will the Imperial Government not give a public assurance 
that these boats will not only not be interfered with on the voyage 
to Belgium, but that there will be no interference with these ships 
on their return to British ports, so long as they return direct to such 
ports and sail under the flag of the commission? 

I have, etc., James W. Gerard. 



[Inclosure 2 — Translation.] 

The Undersecretary of State for Foreign Affairs to 
Ambassador Gerard. 

Foreign Office, 
Berlin, December 31, 1914. 
The undersigned has the honor to inform His Excellency, Mr. 
Gerard, Ambassador of the United States of America, with reference 
to the esteemed note of the 28th instant, that the Imperial Governor 
General in Belgium will issue without delay an order prohibiting all 
the troops under his command from requisitioning food or forage of 
any kind whatsoever which would require to be replaced by impor- 
tations by the American committee for Belgian relief. The Governor 
General will in addition authorize the Minister of the United States 
of America and the Spanish Minister at Brussels, as honorary chair- 



THE UNITED STATES AND GERMANY 247 

men of the committee, to convince themselves in any way which may 
to them appear advisable that the prohibition is observed most 
scrupulously. 

With regard to the desire that nonneutral ships bringing food for 
Belgium may not be interfered with on their return to British ports, 
and that assurances to this effect might be given, reference is respect- 
fully made to the note verbale of the 24th instant, No. 3 of which 
contains provisions dealing with this desire. 

The undersigned avails, etc., Zimmermann. 



Minister van Dyke to the Secretary of State. 

American Legation, 
The Hague, January 4, 1915. 
Sir: Referring to my dispatch No. 184, of December 29, 1914, I 
have the honor to report that the import duty on flour which was 
exacted by the German civil commander of the Belgian Province of 
Limburg has been removed, and the sum of 8,000 francs which had 
been collected under the tax has been refunded. 

I have therefore withdrawn the prohibition issued to the Com- 
mission for Relief in Belgium, referred to in the above-mentioned 
dispatch, in regard to shipments of foodstuffs into the Belgian Prov- 
ince of Limburg. 

I have, etc., Henry van Dyke. 



The Secretary of State to Ambassador Gerard. 

[Telegram.] 

Department of State, 
Washington, January 13, 1915. 
Ascertain from Foreign Office whether German civil commander 
of Belgian Province Limburg is exacting severe import tax on food- 
stuffs sent for relief of Belgians from Rotterdam by American com- 
mission. Bryan. 



Ambassador Gerard to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, January 17, 1915. 
Van Dyke informs me tax removed and money collected refunded. 
Have therefore asked German Foreign Office to drop investigations 
previously requested at Van Dyke's instance. 

Gerard. 



248 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Secretary of State to Minister van Dyke. 

Department of State, 
Washington, January 21, 1915. 
Sir: The Department has received your dispatch, No. 184, of 
December 29, 1914, with reference to the tax imposed by the German 
civil commander of the Belgian province of Limburg on foodstuffs 
sent into that province from Eotterdam by the American Commission 
for Relief in Belgium. 

This information was telegraphed to the Embassy at Berlin on 
January 13, and a reply, dated January 17, has been received stating 
that you have informed the Ambassador that the tax has been removed 
and the money collected refunded. The Department has, therefore, 
telegraphed you to-day (copy of message inclosed) * asking you to 
confirm the facts and report. 

I am, etc., For the Secretary of State, 

Robert Lansing. 



The Secretary of State to Minister van Dyke. 

[Telegram.] 

Department op State, 
Washington, January 21, 1915. 
Your dispatch 184, December 29. 

Department informed from Berlin tax removed and money col- 
lected refunded. Please confirm facts and report. 

Bryan. 



Minister van Dyke to the Secretary of State. 

American Legation, 
The Hague, January 22, 1915. 
Sir: Referring to your cablegram No. 81, of January 21, I have 
to-day sent you the following reply by cable: 

I confirm facts. Report follows. 

Herewith I have the honor to make the report for which you have 
asked. 

According to my dispatch No. 184, of December 29, 1914, I sent 
the letter which was inclosed with that dispatch to Captain Lucey, 
manager of the Rotterdam branch of the Commission for Relief in 

1 Supra. 



THE UNITED STATES AND GERMANY 249 

Belgium, and a copy of the same to the American Ambassador at 
Berlin, inclosing it in a letter of which I herewith send you a copy. 
On December 31 I received from the Rotterdam branch of the Com- 
mission for Relief in Belgium a letter dated December 29, of which 
you will find a copy inclosed, stating that "the matter of duty on 
imports into the province of Limberg has been taken care of and 
settled." 

On the same day I replied to this letter as follows: 

If effective instructions have been issued to the German civil gov- 
ernor of the province of Limburg in Belgium that foodstuffs shipped 
by our commission are to enter free of duty, you may resume ship- 
ments from the Netherlands into that province at your convenience. 
Otherwise not. 

And on January 4, by the next American mail, I sent you my 
dispatch No. 187, reporting the facts. 

On January 8 I received a letter from the American Ambassador 
in Berlin, of which I beg to inclose a copy, together with a copy of 
my reply, 1 made the same day. 

I am convinced that the imposition of the import duty on flour 
by the German civil governor of the Belgian province of Limburg, 
was due entirely to a mistake on his part. But it was a mistake of 
such nature that it threatened, if not corrected, to cast doubt upon 
the absolutely neutral character of our relief work in Belgium, and 
thus to call forth possible objections from Great Britain and France 
on the ground that we were contributing to the revenue of a belliger- 
ent power. 

I have, etc., Henry van Dyke. 



[Inclosure.] 

Ambassador Gerard to Minister van Dyke. 

American Embassy, 
Berlin, January 8, 1915. 
My dear Colleague: 

I have the honor to acknowledge the receipt of your letter of the 
26th ultimo regarding the reported action of the German civil com- 
mander of the Province of Limburg in imposing an import duty on 
flour shipped into Belgium via Rotterdam by the American Com- 
mission for Relief in Belgium. I have at once informed the Imperial 
German Government of the facts and have requested that this official 

1 Not printed. 



'250 DIPLOMATIC CORRESPONDENCE BETWEEN 

be directed to desist from imposing this tax and to refund the sums 
already collected in this manner. In view of the reiterated assur- 
ances, both written and oral, which I have received from the German 
Government of its sympathy with this movement for relief in Bel- 
gium, I am persuaded that this action of the civil commander of the 
Province of Limburg results from misapprehension on his part regard- 
ing the facts of the case and is not in accord with the sentiments 
entertained by his Government, and that I feel confident orders will 
promptly be issued to him in the desired sense. 

I am, etc., James W. Gerard. 



Minister van Dyke to the Secretary of State. 

American Legation, 
The Hague, January 22, 1915. 

Sir : In connection with the work of the Commission for Relief in 
Belgium, I have the honor to report that the Netherlands Govern- 
ment has granted free use of the Government railways for the trans- 
portation of relief supplies to the Belgian border, and free use of the 
Netherlands Postal and Telegraphic Service for the transmission of 
the letters and telegraphs of the commission. I report this as indi- 
cating the Netherlands Government's willingness to assist in every 
possible way with the work which the commission is doing. 

I have also requested the Foreign Office here to designate two 
Netherlands citizens who might be employed in the office of the 
Rotterdam branch of the commission, in order to secure a full under- 
standing and cooperation on the part of the Dutch authorities with 
the details of the commission's work. This has been done. 

The Netherlands Government has also granted an exemption from 
the payment of import duty, and from the giving of surety for the 
twelve motor cars employed by the commission in service between 
Holland and Belgium, and vice versa. 

I have, etc., Henry van Dyke. 



Minister Whitlock to the Secretary of State. 

American Legation, 
Brussels, January 26, 1915. 
Sir : I have the honor to transmit herewith inclosed copy * and 
translation of a note received from the German civil authorities at 

1 Not printed. 



THE UNITED STATES AND GERMANY 251 

Brussels giving me the assurance of the Governor General that food- 
stuffs imported for the region of Givet and Fumay, in that part of 
Prance upon the Belgian border as far as the Meuse, will be exempt 
from requisition. 

After investigating conditions in this district, the representatives 

of the Rockefeller Foundation who have recently been here, have 

agreed to furnish the foodstuffs for this district on condition of their 

being transported thither by the Commission for Relief in Belgium. 

I have, etc., Brand Whitlock. 



Minister Whitlock to the Secretary of State. 

American Legation, 
Brussels, January 28, 1915. 
Sir : I have the honor to transmit to you copies and translation of 
correspondence ' concerning the collection of customs duties on food- 
stuffs consigned to me for distribution to the civil population of 
Belgium. 

As will be seen from this correspondence the matter has been 
satisfactorily adjusted. 

I have, etc., Brand Whitlock. 



Minister Whitlock to the Secretary of State. 

American Legation, 
Brussels, January 28, 1915. 
Sir: Referring to previous correspondence in regard to exception 
from requisition by military authorities of foodstuffs in Belgium, I 
have the honor to transmit inclosed copies and translations l of a 
communication received from the German military authorities in 
Brussels, stating that although the agreement relative to the suspen- 
sion of requisitions did not state that exception was made of the 
city of Antwerp, such was, however, the intention of the Government. 
I have, etc., Brand Whitlock. 

1 Not printed. 



252 DIPLOMATIC CORRESPONDENCE BETWEEN 

Minister Whitlock to the Secretary of State. 

American Legation, 
Brussels, January 28, 1915. 
Sir: I have the honor to transmit copies and translation of a 
letter from the German military authorities informing me that cattle 
and their food will hereafter be exempt from military requisition 
when imported by the Comite National de Secours et d' Alimentation. 
I have, etc., Brand Whitlock. 



[Inclosure — Translation.] 

The Governor General in Belgium to Minister Whitlock. 

Administration Headquarters, 

Brussels, January 13, 1915. 
I have the honor to inform Your Excellency that the Governor 
General in a decision given on the 5th of this month has exempted 
from military requisition not only foodstuffs imported by the Comite 
National de Secours et d' Alimentation into Belgium from abroad for 
the civil population, but has extended this measure to food necessary 
for beasts and cattle imported by the committee. 

Furthermore, as a consequence of the attached order issued De- 
cember 26, by the Governor General certain classes of animals are 
protected against military requisition. 

In this manner many of the wishes expressed by the National 
Committee's agricultural section are met. 

I have, etc., D. von Sandt. 



The German Ambassador to the Secretary of State. 

New York, January 28, 1915. 
With reference to my note of 21st instant, 1 I now beg to state 
that the German Government gives formal assurance that foodstuffs 
imported from the United States will not be used by the Government 
for the military or naval authorities and will not reach any con- 
tractors of the Government. The German Government guarantees 
that it will not interfere with the distribution of such foodstuffs by 
the American importers to the civilian population exclusively. 

J. Bernstorpf. 

1 Not printed. 



THE UNITED STATES AND GERMANY 253 

Minister Whitlock to the Secretary of State. 

American Legation, 
Brussels, February 3, 1915. 
Sir: I have the honor to transmit herewith for the information 
of the Department, copies and translation of correspondence rela- 
tive to the revictualing of the Maubeuge district, through the agency 
of the Commission for Eelief in Belgium. 

The necessary guarantees of nonseizure and nonrequisition having 
been granted by the German authorities, the Maubeuge region will be 
administered as a part of Belgium so far as relief work is concerned. 
I have, etc., Brand Whitlock. 



Ambassador Sharp to the Secretary of State. 

[Telegram.] 

American Embassy, 
Paris, February 10, 1915. 
Your 528, January 29. 1 Foreign Office has given assurance that 
it will make no objection to shipment cargo Argentine maize to Rotter- 
dam for distribution relief of Belgian and French people in terri- 
tory controlled by the Germans. In consenting to this and other 
similar shipments for like purposes and expressing its sympathy for 
sufferers, French Government reserves its approval because of belief 
that indirectly in some instances equivalent amount foodstuffs have 
been sent out of Belgium to Germany. 

Sharp. 



The Secretary of State to Minister Whitlock. 

Department op State, 
Washington, February 18, 1915. 
Sir: The Department acknowledges the receipt of your dispatch 
No. 47 of January 28, transmitting copies and translations of corre- 
spondence from the German military authorities relative to the exemp- 
tion of cattle and their food from military requisition when imported 
by the C omit 6 National de Secours et d' Alimentation. 

In reply the Department informs you that copies of the corre- 
spondence inclosed with your dispatch have been transmitted to the 

3 Not printed. 



254 DIPLOMATIC CORRESPONDENCE BETWEEN 

Committee of Mercy and to the Commission for Relief in Belgium, 
New York City; also the American Minister at the Hague and to 
American Ambassadors at London and Paris. 

I am, etc., For the Secretary of State, 

Robert Lansing. 



The Secretary of State to Minister Whitlock. 

Department of State, 
Washington, February 23, 1915. 
Sir: The Department acknowledges the receipt of your dispatch 
of January 26, together with a copy of a note received by you from 
the German civil authorities, with the assurance that foodstuffs 
imported for the region of Givet and Fumay, in that part of France 
upon the Belgian border as far as the Meuse, will be exempt from 
requisition. 

The Department, in reply, informs you that copies of your dis- 
patch, together with the German note, have been transmitted to the 
Committee of Mercy, the Commission for Relief in Belgium, and 
The Rockefeller Foundation, New York City; also to the American 
Minister at The Hague and the American Ambassador at London. 
I am, etc., For the Secretary of State, 

Robert Lansing. 



Minister van Dyke to the Secretary of State. 

American Legation, 
The Hague, March 3, 1915. 

Sir: Supplementing my dispatch 214 of March 2, and my tele- 
grams 173 of February 27/ and 178 of March 2, I have the honor to 
advise you that the German Minister has called upon me this after- 
noon, bringing a memorandum from his Government in regard to the 
ships of the Commission for Relief in Belgium. He expressed his 
personal regret that the memorandum had been so long delayed. 

I have cabled the substance of the memorandum to you and to 
Mr. Hoover, the chairman of the relief commission in London. Here- 
with you will find a copy of the memorandum in the German text 
with an English translation attached. 

1 Not printed. 



THE UNITED STATES AND GERMANY 255 

It will be observed that this assurance covers the freedom of the 
relief ships, bearing the flag and markings of the commission, from 
all molestation by German submarines in the voyage through the 
English Channel, and that orders to this effect have been issued by 
the German Government. We have thus obtained a concession of 
distinct advantage. 

But the German memorandum expresses regret that safe conduct 
cannot be issued to relief ships on their way to and from England, in 
view of the existing mine danger in the war zone. The exact meaning 
of the reservation is not clear. 

I have, etc., Henry van Dyke. 



[Inelosure — Translation.] 
The German Minister at The Hague to Minister van Dyke. 

The Hague, March 3, 1915. 

MEMORANDUM. 

Naturally the German Government is anxious to give every pos- 
sible support to the humanitarian work of the relief commission. 
It will allow the ships of the commission to pass through the English 
Channel unmolested, if they are recognizable by the usual signs 
(i.e., name painted on the sides of the vessel in big letters, and white 
flag with similar designation in red letters) and visibly illuminated 
at night. German submarines have received instructions to this 
effect, The guarantee is given on condition that every measure shall 
be adopted to exclude the misuse of the signs of the relief commis- 
sion. The German Government will at once communicate with the 
American Ambassador here, with a view to obtaining from the British 
Government a declaration that only ships which are really m the 
service of the relief commission, will be allowed to carry the signs 
of that commission. 

The German Government regrets that in view of the danger 
caused within the war zone by mines, it is impossible to issue safe 
conducts for the ships of the relief commission for the voyage to and 
from England. 



Ambassador W. H. Page to the Secretary of State. 

[Telegram.] 

American Embassy, 
London, March 10, 1915. 
Sir Edward Grey has communicated with Commission for Relief 
in Belgium assuring the commission that neither their flag nor their 



256 DIPLOMATIC CORRESPONDENCE BETWEEN 

markings will be used in any way or for any purpose by any officer 
of His Majesty's Government ; also stating that His Majesty's Govern- 
ment will countenance the use of this flag and these markings in all 
cases where it is used on ships carrying goods of the commission and 
will discount in all other cases. Will you kindly communicate the 
above assurance to the German Ambassador in Washington. 

Page. 



Memorandum to the German Embassy. 

Depaktment of State, 
Washington, March 11, 1915. 

The Secretary of State presents his compliments to His Excellency 
the Imperial German Ambassador and has the honor to transmit here- 
with a copy of a telegram received from the American Ambassador 
at London, stating that the British Government has given assurance 
that no officer of that Government will be permitted to use the flag or 
markings used by the Commission for Relief in Belgium on its vessels. 

The Department also transmits herewith paraphrase of a telegram 
received from the American Ambassador with reference to the atti- 
tude of the British Government toward the work of that commission. 



The Secretary of State to Ambassador W. H. Page. 

[Telegram.] 

Department of State, 
Washington, April 3, 1915. 
For Relief Commission. Department informed from The Hague 
that commission's vessel Elfland wps attacked Sunday, March 21, by 
German aeroplane off Dutch coast. Department advised to-day that 
German Admiralty explains that markings of relief ship not recogniz- 
able and suggests display commission markings flat on upper deck. 
Orders have been given aeroplanes and submarines respect all relief 
commission ships recognizably marked. 

Bryan. 



Statement given to the press by Department of State March 24, 1917. 

Department of State, 
Washington, March 24, 1917. 
By direction of the President the Minister at Brussels has been 
instructed to withdraw from Belgium, with all diplomatic and con- 
sular officers, and take up his official residence at Havre. 



THE UNITED STATES AND GERMANY 257 

After consultation with the Commission for Relief in Belgium, 
Mr. Whitloek has also been instructed to arrange for the departure 
of the American members of the Commission. 

This step, the seriousness of which is fully appreciated by the 
Government, was taken only after careful consideration and full con- 
sultation with all the interests involved. 

When diplomatic relations with Germany were broken off the nor- 
mal procedure would have been to withdraw the Minister at Brussels 
and the American members of the Relief Commission. But this Gov- 
ernment and the Commission, however, felt a heavy moral respon- 
sibility for the millions of innocent civilians behind the German lines, 
and it was decided that the work of the Commission must be kept 
going despite all difficulties until continued American participation 
became impossible. For over two years it has been the single-minded 
purpose of this Government and the Commission to see that these ten 
millions of civilians were fed, and, with this end in view, the Ameri- 
cans concerned have submitted to restrictions imposed on them by 
the German authorities which, under ordinary conditions, would 
never have been tolerated. 

Immediately after the break in relations the German authorities in 
Brussels withdrew from Mr. Whitloek the diplomatic privileges and 
immunities which he had until that time enjoyed. His courier service 
to The Hague was stopped ; he was denied the privilege of communi- 
cating with the Department of State in cipher, and later even in 
plain language. The members of the Relief Commission were placed 
under great restrictions of movement and communication which ham- 
pered the efficient performance of their task. In spite of all these 
difficulties the Government and Commission were determined to keep 
the work going till the last possible moment. 

Now, however, a more serious difficulty has arisen. In the course 
of the past ten days several of the Commission's ships have been at- 
tacked without warning by German submarines in flagrant violation 
of the solemn engagements of the German Government. Protests ad- 
dressed by this Government to Berlin through the intermediary of the 
Spanish Government have not been answered. The German Govern- 
ment's disregard of its written undertakings causes grave concern as 
to the future of the relief work. In any event it is felt that the 
American staff of the Commission can no longer serve with advantage 
in Belgium. Although a verbal promise has been made that the mem- 
bers of the Commission would be permitted to leave if they so desire, 
the German Government's observance of its other undertakings has 



258 DIPLOMATIC CORRESPONDENCE BETWEEN 

not been such that the department would feel warranted in accepting 
responsibility for leaving these American citizens in German-occupied 
territory. 

This Government has approved the proposal of the Netherlands 
Government to send into Belgium a certain number of Netherlands 
subjects to carry on the work thus far performed by the American 
staff. 



Part XXI. 
DEPORTATIONS OF CIVILIANS FROM BELGIUM. 

Charge Grew to the Secretary of State. 

[ Telegram — Paraphrase — Extract. ] 

American Embassy, 
Berlin, October 10, 1916. 
Mr. Grew reports that he has received from Minister Whitlock at 
Brussels copies of letters from the President of the Comite National 
de Secours et d' Alimentation of Brussels together with copies of 
orders in proof of the statements contained in the letters to the effect 
that complete lists of all workmen who are unemployed and who 
receive aid in the district (etape) have been demanded from the 
presidents of the local committees by the German military authorities, 
and that presidents were imprisoned if they refused to furnish the 
lists demanded. The President states that the object is to send such 
unemployed to Germany as laborers for military purposes. That men 
are forced to labor is proved by letters attached. 1 



The Acting Secretary of State to Charge Grew. 
[ Telegram — Paraphrase. ] 

Department of State, 
Washington, October 19. 1916. 
Mr. Polk states that if Mr. Grew should deem it advisable he may 
draw to the Foreign Minister's attention informally and orally the 
action of the German military authorities in Belgium and its object 
as alleged. 

1 Not printed. 



THE UNITED STATES AND GERMANY 259 

Charge Grew to the Secretary of State. 

[ Telegram — Paraphrase. ] 

American Embassy, 

Berlin, October 23, 1916. 

Mr. Grew reports that he has brought informally and orally to the 

attention of the Under Secretary of State for Foreign Affairs the 

question of the Belgian laborers. The Under Secretary has promised 

to investigate the matter at once and to inform Mr. Grew of the result. 



Charge Grew to the Secretary of State. 

[ Telegram — Paraphrase — E xtract. ] 

American Embassy, 
Berlin, October 27, 1916. 
Mr. Grew states that he sought a further interview with the Ger- 
man Under Secretary for Foreign Affairs at which he told that 
official, informally and orally, that he understood the policy had been 
definitely determined upon by the military government in Belgium 
of enforcing labor on Belgian citizens, and that many of them would 
be transported to Germany to be put to work in various industries, in 
this way releasing German workmen to go to the front. A memo- 
randum was handed to Mr. Grew by the Under Secretary which states 
that compulsory measures were to be adopted against the Belgian 
unemployed who are a burden to charity so that friction arising there- 
from may be avoided. These measures are designed to make them 
work, so far as the men are not inclined voluntarily to work. Mr. 
Grew reports that he pointed out that this decision, as it involved 
a definite breach of international law, undoubtedly would make a very 
bad impression abroad. 



The Secretary of State to Charge Grew. 

[Telegram — Paraphrase.] 

Department of State, 
Washington, November 2, 1916. 
Mr. Lansing states that in view of the serious consequences that 
may follow as a result of the proposed policy in Belgium, apart from 
any humanitarian considerations, Mr. Grew is authorized to make re- 
quest for an interview with the Chancellor. The extent to which his 
informal representations with the Chancellor should go is left to the 
discretion of Mr. Grew, who must be guided by the general attitude 
of the Chancellor and by circumstances. Mr. Grew should, however, 
point out the unfortunate impression which would be created by the 
proposed policy in neutral countries, and especially in the United 
States, which country has very much at heart the welfare of the Bel- 
gian civil population. 



260 DIPLOMATIC CORRESPONDENCE BETWEEN 
The Secretary of State to Charge Grew. 
[Telegram — Paraphrase — Extract.] 

Department of State, 
Washington, November 29, 1916. 

Mr. Grew is directed to obtain an interview with the German Chan- 
cellor as soon as possible and repeat to him the following: 

' ' The Government of the United States has learned with the great- 
est concern and regret of the policy of the German Government to 
deport from Belgium a portion of the civilian population for the pur- 
pose of forcing them to labor in Germany, and is constrained to pro- 
test in a friendly spirit but most solemnly against this action, which 
is in contravention of all precedent and of those humane principles 
of international practice which have long been accepted and followed 
by civilized nations in their treatment of noncombatants in conquered 
territory. Furthermore, the Government of the United States is 
convinced that the effect of this policy, if pursued, will in all prob- 
ability be fatal to the Belgian relief work, so humanely planned and 
so successfully carried out, a result which would be generally de- 
plored and which, it is assumed, would seriously embarrass the Ger- 
man Government." 



Charge Grew to the Secretary of State. 

[Telegram.] 

American Embassy, 
Berlin, December 20, 1916. 
Following note received from Foreign Office, dated December 18th : 
"The Foreign Office has the honor to inform the Embassy of the 
United States of America with reference to the memorandum regard- 
ing the deportation of Belgian workmen to Germany, that owing to 
a number of complaints which have been raised by Belgian workmen 
on account of their transportation to Germany, three hundred and 
twenty-six of such workmen have up to the present been sent back 
to Belgium as not coming under the rules of the order of the Governor 
General in Belgium, dated May 15, 1916. The remainder of the com- 
plaints shall be investigated with all possible expedition." 

Grew. 



Charge Grew to the Secretary of State. 

American Embassy, 
Berlin, December 21, 1916. 
Sir: "With reference to my telegram No. 4756 of December 20, 
1916, 3 p.m., regarding the return to Belgium of a number of Belgian 



THE UNITED STATES AND GERMANY 261 

workmen on the ground that they had been transported to Germany 
contrary to the provisions of the order of the Governor General of 
Belgium, dated May 15, 1916, I have the honor to transmit herewith, 
for the Department's information, a copy and translation of the order 
referred to. 

I have, etc., J. C. Grew. 



[Inclosure — Translation.] 

REGULATIONS GOVERNING IDLENESS. 

Canceling the regulation, under the same heading, dated August 
13, 1915 (Oesetz- und Verordnungsblatt No. 108, Page 889) I ordain 
as follows: 

Article 1. 

Persons, intentionally or carelessly making false statements regard- 
ing their personal circumstances when inquiries are being made with 
the object of ascertaining the necessity of relief for them, shall be 
punished with imprisonment up to six weeks, in case a more severe 
punishment is not incurred in accordance with the existing laws; 
aside from that a fine up to Marks 1,000 can be imposed. 

Article 2. 

Persons declining the acceptance or continuation of work offered 
them and which stands in accordance with their ability without suffi- 
cient reason, although relief is granted them from public or private 
funds or they become in need of relief owing to such refusal, shall be 
punished with imprisonment of from fourteen days to a year. 

Principally every reason justified by international law shall be 
considered sufficient. 

Instead of prosecuting, the compulsory deportation to the place of 
work can be ordered by the Governors and Commanders, enjoying 
equal rights as well as the County Chiefs. 

Article 3. 

Persons intentionally assisting the refusal of work, punishable ac- 
cording to Article 2, by granting relief or in some other manner, shall 
be fined up to Marks 10,000, besides which imprisonment up to two 
years can be imposed. 

Article 4. 

In case communities, associations, or other organizations assist the 
refusal of work according to Article 3, the punishment will be im- 
posed upon the leading persons. 



262 DIPLOMATIC CORRESPONDENCE BETWEEN 

Article 5. 

Amounts proven to be intended for the support of the persons 
mentioned in Article 2 shall be confiscated for the benefit of the Bel- 
gian Red Cross. 

Article 6. 

The Military Courts and Military Commanders have jurisdiction 
for trespasses against the Articles 2 to 4 of the regulations and for 
such trespasses against Article 1 which have been committed against 
German Authorities and Troops and against Authorities and Organi- 
zations instituted by me. 

The criminal courts of the Belgian Courts of First Instance shall 
have jurisdiction for such trespasses against Article 1 of the regula- 
tion, which, according to the above, do not come under the jurisdiction 
of the Military Courts and Military Commanders. 

Brussels, May 15, 1916. 

The Governor General in Belgium. 

Freiherr von Bissing, 

Generaloberst. 



Ambassador W. H. Page to the Secretary of State. 

[Telegram.] 

American Embassy, 
London, January 2, 1917. 

Hoover submits following statement: 

"There has been no apparent change in German policy since the 
President's protest. Deportation continuing on a large scale, now 
apparently three to five thousand per week. Despite assertions made 
to the President no distinction is made as to whether deportees are 
unemployed or not, and in fact there seems a definite policy to secure 
all members of certain trades and the desire to secure these and other 
skilled labor leads press gangs to delegate choice of those in actual em- 
ployment. Moreover, they have taken altogether up to December 
fifteenth over seven hundred persons employed by the commission 
despite the exhibit of credentials and their specific agreement with 
us to the contrary against our protest. Furthermore, our American 
members have witnessed the taking of several thousands, particularly 
from Flanders, to northern France, and together with local French 
people are now being forced to work for the German army in the 
preparation of timber and fascines for the trenches. Refusal to per- 
form such labor has here been met with refusal of food and other 
brutal acts. It is also reported to us from what we believe to be 
reliable sources that Belgian and French civilians have been deported 
to work on trench construction in northern France, and certain de- 



THE UNITED STATES AND GERMANY 263 ' 

portees have been recently returned wounded by shell fire. Of the 
deportees to Germany some three hundred have been returned to Hai- 
naut Province, of whom a part were apparently returned because 
physically unable to work, but the remainder maintain that they were 
returned because of their steadfast passive resistance to pressure ; al- 
though they were entirely refused food over a considerable period and 
were ultimately returned for their recalcitrancy. Their appearance 
confirms this. Altogether the assurances given the President that only 
unemployed people were taken and that they are not being employed 
on military work or brutally treated are absolutely untrue, not only be- 
fore but since assurances were given. It does appear that the civil 
government in Brussels has made some efforts to prevent brutality in 
selection, to confine selections to unemployed, and to protect the em- 
ployees of the commission, and they have even solicited complaints, 
but they appear unable to control the military press gangs or effect 
any remedies. 

"The hourly witnessing of these outrages and the prayers to the 
Americans from a people now in a state of complete terror, since 
Americans have been so peculiarly their protectors during the past 
two years, make it difficult for us to control the natural feelings of 
our staff, and we can only hope that no untoward incident may occur." 

Page. 



Minister Wliitlock to the Secretary of State. 
[ Telegram — Paraphrase — Extract. ] 

American Legation, 
Brussels, January 2, 1917. 

Mr. Whitlock reports that it is very difficult to obtain informa- 
tion that is accurate regarding deportations because facilities for 
communication are lacking in Belgium. 

There is no communication with that part of Belgium exclu- 
sively under the jurisdiction of the military, which includes certain 
parts of Hainaut and the two Flanders and also all Northern France 
and parts of Hainaut and Luxemburg. Deportations continue one 
day in this commune, one day in another. There have been taken, it 
was estimated, between sixty thousand and one hundred thousand 
men. Possibly two thousand of these have been returned. Those re- 
turning from Germany have brought accounts which are distressing 
concerning the cruelties resorted to in forcing them to sign employ- 
ment contracts, and concerning hunger, suffering, and lack of shelter. 
Requisition of the stocks and materials in the few industries which 
are still in operation continues, thus complicating the situation as the 
numbers of unemployed who are thereby formally exposed to deporta- 
tion are increased. 



264 DIPLOMATIC CORRESPONDENCE BETWEEN 

The German Ambassador to the Secretary of State. 

German Embassy, 
Washington, January 8, 1917. 
Mr. Secretary of State: 

I have the honor to inclose a memorial sent me by my Government 

on the employment of Belgian laborers in Germany, refuting the false 

statements of Germany's enemies. In case Your Excellency should not 

express any objections, I intend to publish it here in the near future. 

Please accept, etc., J. Bernstorff. 



[Inclosure — Translation.] 

EMPLOYMENT OF BELGIAN LABORERS IN GERMANY. 



The compulsory employment of Belgian laborers in German works 
is utilized by our enemies as a welcome occasion in order to stir up 
the public opinion of neutral and hostile foreign countries against 
this alleged recent violation of the Belgian people. This propaganda 
threatens to assume considerable proportions, and it may even be con- 
sidered likely that the Entente will attempt to induce neutral Gov- 
ernments or high neutral personages to make a formal protest. An 
explanation of the causes and effects of the disapproved measures 
therefore appears necessary in order to prevent a one-sided judgment 
of the question. 

Those who, far away from the scenes of the war, are able to judge 
the conditions in the territories occupied in the west only in a super- 
ficial manner will perhaps not understand so easily that the measures 
taken are not only by no means injurious to the population of these 
regions from an economic standpoint, but had become to a certain 
extent a social necessity owing to the peculiar conditions prevailing 
there. He who wishes to comprehend this must first picture to him- 
self the extent and effects of the nonemployment in Belgium. The 
chief cause of this is the British naval blockade, which is being ruth- 
lessly enforced even against Belgium. Belgian industry is so greatly 
dependent on the importation of raw materials and the exportation of 
manufactured articles that the almost complete stoppage of foreign 
trade by England necessarily entailed automatically the paralyzation. 
of by far the greater part of Belgian industries. This is especially 
the case with the important iron and steel industries, textile and 
clothing industries, and the keramic and glass industry, which to- 
gether employed over half a million workmen in time of peace, as well 
as with the leather, tobacco, paper, and chemical industry. Even 
fishing has entirely ceased in consequence of the blockade of the 
North Sea coast. A number of other enterprises had to be suspended 
because the materials used and their transportation had become so 



THE UNITED STATES AND GERMANY 265 

dear that the work was conducted at a loss ; this occurred, among 
others, with the building industry (employing in peace 95,000 labor- 
ers) and the wood and furniture industry (80,000 laborers). The 
important mining industry owes it only to extensive exportation of 
coal to Germany that it is able to employ about nine-tenths of its 
145,000 laborers, and the stone quarries also employ one-third of their 
force, which had hitherto consisted of 35,000 hands, in order to fulfill 
orders which are mostly German. 

That, as frequently asserted in Belgium, requisitions of raw ma- 
terials and machinery by Germany have considerably increased the 
unemployment is not true for the reason that these requisitions were 
made primarily in factories which were unable any way to keep run- 
ning owing to one of the aforementioned causes. 

The result of these occurrences is that, out of 1,200,000 men and 
women who worked in Belgian industrial enterprises before the war, 
and who represent about half of all persons in Belgium engaged in 
earning a living, 505,000 (including 158,000 women) are entirely 
and 150,000 (including 46,000 women) partially unemployed. Alto- 
gether there are therefore 655,000 persons, formerly earning their 
living by labor in industry, who are now dependent upon public 
assistance, a number which, added to 293,000 wives and 612,000 chil- 
dren of the unemployed, reaches a total of 1,560,000 needy people and 
represents about one-fifth of the entire population of Belgium. 

In so highly a developed industrial nation as Belgium this state of 
affairs, without precedent in history, had necessarily to entail the 
gravest economic and social troubles. The sums expended up to the 
present in order to furnish the bare minimum needed for existence 
to the unemployed persons and those dependent upon them already 
amount to over 300,000,000 francs and are likely to amount to no 
less than 20,000,000 francs a month in future. Even though foreign 
countries undertook to finance the work of affording this assistance, 
nevertheless Belgian national economy must eventually bear the bur- 
den. The equivalent of these expenditures, which are not made for 
productive labor, is not only entirely lost to Belgian economic life, but 
even does it considerable injury. The laborers are so accustomed to 
idleness by the help afforded them that a Belgian employer at 
present has difficulty in finding the necessary workmen to keep his 
enterprise going. 

If this fact, in view of the above-cited large number of unem- 
ployed, in itself throws a sharp light on the economic troubles created 
in Belgium by unemployment, then the present condition must be 
characterized as wholly intolerable from a social standpoint if we 
picture to ourselves the consequences which the long continuing idle- 
ness produces for the laboring population. It is obvious that a trained 
laborer will lose his ability through long years of idleness, and his 
value to Belgian industry will therefore be seriously diminished. 
Even the unskilled laborer, who has been accustomed to a constant 
exertion of his strength, will be physically impaired by remaining 
unoccupied for a long time. In a moral way a continuance of present 



266 DIPLOMATIC CORRESPONDENCE BETWEEN 

conditions will be absolutely devastating in its effects. The feeling of 
humiliation experienced by morally sound persons when they have 
to beg their living from foreign charity is, in the long run, entirely 
lost by the laboring classes and they cease to be proud of being able 
to support their families by their own efforts. The saying that idle- 
ness is the beginning of vice is verified to an enhanced degree in the 
case of the materially inclined Belgian laborer, and the consequences 
are drunkenness and moral degeneracy in wide circles of these classes 
of population, among whom family life also incurs many dangers. 

All these circumstances, as well as the gradual impoverishment of 
the laborers' families, who are able to satisfy only the most necessary 
material needs after consuming all their savings, must inevitably in- 
volve a weakening of the whole power of the Belgian people. 

II. 

Baron von Bissing, Governor General of Belgium, early realized 
the grave significance of this question to the population of the terri- 
tory under his administration, and he consequently turned his whole 
attention to it from the beginning of his official activity. As far as 
the requirements of warfare permitted, he encouraged the revival of 
commerce and industry and favored every importation and exporta- 
tion that was at all possible under the British blockade. He also ex- 
horted the Belgian communal administrations to undertake emergency 
work that would be of utility to the general public, provided this 
would not cause any overburdening of the communal finances. The 
constantly increasing assistance to the unemployed has also been 
the subject of his unceasing solicitude, as he had long since recog- 
nized that such assistance would encourage aversion to work and 
thus enlarge the number of unemployed. He has therefore repeatedly 
instructed the authorities under him to see that the help afforded un- 
employed did not become an obstacle to their resumption of work, and 
he has also induced the heads of the assistance committees to act 
along the same lines. 

By all these measures it was possible to limit, but by no means re- 
move, the evil, for the reason that the deeper cause, the British naval 
blockade, made its effects felt more and more as time went on. The 
Governor General was accordingly obliged, even last year, to resort 
to a more powerful means in order to counteract the increasing habit 
of idleness on the part of the people. 

At the instance of shrewd Belgians, and with the cooperation of 
the proper Belgian Ministry, he issued an order in August, 1915, 
against shirking of labor, which order was supplemented and strength- 
ened in March of this year. These orders contemplate a compulsory 
removal to the places of work only when the laborer declines without 
sufficient grounds a job offered him at appropriate wages and within 
his capacity, and in this connection any ground of refusal based on 
international law is regarded as sufficient. A workman can accord- 
ingly not be forced to participate in warlike enterprises. The orders 
are directed primarily against certain organized influences which wish 



THE UNITED STATES AND GERMANY 267 

to keep the laborers from voluntarily accepting remunerative work 
only because it was offered by Germans. They are founded on sound 
legislative considerations, which restrict the liberty of the individual 
in the interest of the general public. 

The evil conditions which existed even at the time of issuance of 
these orders having in the course of time become entirely intolerable, 
the orders are now to be enforced more extensively than hitherto. Be- 
fore they are applied, a proposition is made to the unemployed work- 
man that he voluntarily enter into an advantageous labor contract, 
and only in case he stubbornly refuses (usually as a result of incite- 
ment) are forcible measures employed. The unemployed who go to 
Germany are placed on an equal footing there with the German labor- 
ers, and they receive higher wages than were ever known in Belgium. 
Care is taken to send part of these wages to the families remaining 
behind. The laborers are likewise allowed to carry on correspondence 
by letter with their families, and they are granted leave to go home at 
regular intervals. At their request they may even take their families 
with them to Germany. Provision is also made for religious service in 
their mother tongue. 

III. 

The great advantages which accrue to Belgian laborers from the 
opportunity thus offered them to work, as compared with their 
previous sorry plight, are so obvious that for a year tens of thou- 
sands of them have been voluntarily availing themselves of the offer 
and have found remunerative labor in Germany. Happy to have 
escaped the misery caused by many months' idleness and the humilia- 
tion of public assistance, they have been able to restore their physical 
and moral strength by returning to their normal occupation. By the 
labor of their hands they can again raise their families up to a higher 
standard economically and make savings for the future. The tempo- 
rary transplantation to another home does not frighten them, as 
Belgian laborers are used to wandering and have, in time of peace, 
often hired out for work in the southern industrial sections of the 
country or in Northern France for several months for the sake of a 
much less increase in wages than that now offered. The transfer of 
Belgian laborers to Germany therefore means a considerable improve- 
ment in the situation of these laborers and the abolition of condi- 
tions which have become intolerable. 



Minister Whitlock to the Secretary of State. 

[Extract.] 

American Legation, 
Brussels, January 16, 1917. 
Sir : ... In order fully to understand the situation it is neces- 
sary to go back to the autumn of 1914. At the time we were 
organizing the relief work the Comite National — the Belgian relief 



268 DIPLOMATIC CORRESPONDENCE BETWEEN 

organization that collaborates with the Commission for Relief in 
Belgium — proposed an arrangement by which the Belgian Government 
should pay to its own employees left in Belgium, and other unem- 
ployed men besides, the wages they had been accustomed to receive. 
The Belgians wished to do this both for humanitarian and patriotic 
purposes; they wished to provide the unemployed with the means of 
livelihood, and, at the same time, to prevent their working for the 
Germans. The policy was adopted, and has been continued in practice, 
and on the rolls of the Comite National have been borne the names of 
hundreds of thousands — some 700,000, 1 believe — of idle men receiving 
this dole, distributed through the communes. 

The presence of these unemployed, however, was a constant temp- 
tation to German cupidity. Many times they sought to obtain the 
lists of the chomeurs, but were always foiled by the claim that under 
the guarantees covering the relief work, the records of the Comite 
National and its various suborganizations were immune. Rather than 
risk any interruption of the ravitaillement, for which, while loath to 
own any obligation to America, the Germans have always been grate- 
ful, since it has had the effect of keeping the population calm, the 
authorities never pressed the point other than with the Burgomasters 
of the Communes. Finally, however, the military party, always 
brutal, and with an astounding ignorance of public opinion and of 
moral sentiment, determined to put these idle men to work. 

In August, von Hindenburg was appointed to the supreme com- 
mand. He is said to have criticised von Bissing's policy as too mild; 
there was a quarrel ; von Bissing went to Berlin to protest ; threatened 
to resign, but did not. He returned, and a German official here said 
that Belgium would now be subjected to a more terrible regime, 
would learn what war was. The prophecy has been vindicated. 

The deportations began in October in the Etape, at Ghent and at 
Bruges. The policy spread; the rich industrial districts of Hainaut, 
the mines and steelworks about Charleroi were next attacked; now 
they are seizing men in Brabant, even in Brussels, despite some indica- 
tions and even predictions of the civil authorities that the policy was 
about to be abandoned. 

During the last fortnight men have been impressed here in Brus- 
sels, but these seizures here are made evidently with much greater 
care than in the provinces, with more regard for the appearances. 
There was no public announcement of the intention to deport, but 
suddenly about ten days ago, certain men in town, whose names are 
on the list of cliomeurs, received summons, notifying them to report 
at one of the railway stations on a given day ; penalties were fixed for 
failure to respond to the summons and there was printed on the card 
an offer of employment by the German Government either in Germany 
or Belgium. On the first day, out of about 1,500 men ordered to 
present themselves at the Gare du Midi, about 750 responded. These 
were examined by German physicians and 300 were taken. There 
was no disorder, a large force of mounted Uhlans keeping back the 
crowds and barring access to the station to all but those who had 



THE UNITED STATES AND GERMANY 269 

been summoned to appear. The Commission for Relief in Belgium 
had secured permission to give each deported man a loaf of bread 
and some of the communes provided warm clothing for those who 
had none and in addition a small financial allowance. As by one 
of the ironies of life the winter has been more excessively cold than 
Belgium has ever known it and while many of those who presented 
themselves were adequately protected against the cold, many of them 
were without overcoats. The men shivering from cold and fear, the 
parting from weeping wives and children, the barriers of brutal 
Uhlans, all this made the scene a pitiable and distressing one. 

It was understood that the seizures would continue here in Brus- 
sels, but on Thursday last, a bitter cold day, those that had been 
convoked were sent home without examination. It is supposed that 
the severe weather has moved the Germans to postpone the deporta- 
tions. 

The rage, the terror, and the despair excited by this measure all 
over Belgium were beyond anything we had witnessed since the day 
the Germans poured into Brussels. The delegates of the Commission 
for Relief in Belgium, returning to Brussels, told the most distress- 
ing stories of the scenes of cruelty and sorrow attending the seizures. 
And daily, hourly almost, since that time, appalling stories have been 
related by Belgians coming to the Legation. It is impossible for us 
to verify them, first because it is necessary for us to exercise all pos- 
sible tact in dealing with the subject at all, and, secondly, because 
there is no means of communication between the Occupations Gabiet 
and the Etappen Gabiet. Transportation everywhere in Belgium is 
difficult, the vicinal railways scarcely operating any more because of 
the lack of oil, while all the horses have been taken. The people 
who are forced to go from one village to another must do so on foot, 
or in vans drawn by the few miserable horses that are left. The 
wagons of the breweries, the one institution that the Germans have 
scrupulously respected, are hauled by oxen. 

The well-known tendency of sensational reports to exaggerate 
themselves, especially in time of war, and in a situation like that 
existing here, with no newspapers to serve as a daily clearing house for 
all the rumors that are as avidly believed as they are eagerly repeated, 
should of course be considered, but even if a modicum of all that is 
told is true, there still remains enough to stamp this deed as one of 
the foulest that history records. 

I am constantly in receipt of reports from all over Belgium that 
tend to bear out the stories one constantly hears of brutality and 
cruelty. A number of men sent back to Mons are said to be in a 
dying condition, many of them tubercular. At Malines and at 
Antwerp returned men have died, their friends asserting that they 
have been victims of neglect and cruelty, of cold, of exposure, of 
hunger. 

I have had requests from the Burgomasters of ten communes from 
La Louviere, asking that permission be obtained to send to the de- 
ported men in Germany packages of food similar to those that are 



270 DIPLOMATIC CORRESPONDENCE BETWEEN 

being sent to prisoners of war. Thus far the German Authorities 
have refused to permit this except in special instances, and returning 
Belgians claim that even when such packages are received they are 
used by the camp authorities only as another means of coercing them 
to sign the agreements to work. 

It is said that in spite of the liberal salary promised those who 
would sign voluntarily no money has as yet been received in Bel- 
gium from workmen in Germany. 

One interesting result of the deportations remains to be noted, 
a result that once more places in relief the German capacity for 
blundering, almost as great as the German capacity for cruelty. They 
have dealt a mortal blow to any prospect they may ever have had 
of being tolerated by the population of Flanders; in tearing away 
from nearly every humble home in the land, a husband and a father 
or a son and brother, they have lighted a fire of hatred that will 
never go out; they have brought home to every heart in the land, 
in a way that will impress its horror indelibly on the memory of 
three generations, a realization of what German methods mean, not, 
as with the early atrocities in the heat of passion and the first lust 
of war, but by one of these deeds that makes one despair of the 
future of the human race, a deed coldly planned, studiously matured, 
and deliberately and systematically executed, a deed so cruel that 
German soldiers are said to have wept in its execution, and so 
monstrous that even German officers are now said to be ashamed. 
I have, etc., Brand Whitlock. 



[Inclosure.] 
report on the requisition of belgian workmen from malines. 

Dear Sir : 

I have the honor to submit herewith a report on the requisition of 
Belgian workmen from Malines, which I witnessed in accordance with 
your instructions : 

On the afternoon of Jan. 4th, in company with Baron von der 
Lancken, Legationsrat Kaempf, and an officer of the General Gov. of 
Occupation, I went to Malines to witness the requisition of men to be 
deported to Germany. The men who were to be examined came from 
the outlying districts of Malines and not from the city proper, since 
the latter had already paid its toll of about 600 men two weeks previ- 
ous. As the actual process of requisitioning is one that at present 
takes three days from the time of the first convocation of all adult 
males to the final deportation of the selected unemployed, I was able 
to witness only a small portion of the procedure. However, the fol- 
lowing is a record of the steps that had been taken up to the time of 
my arrival as told me by the underofficer in charge of the final selec- 
tion. 

The entire adult male population (between 17-60) of the district 
to be picked over is ordered by public notices to report at specified 



THE UNITED STATES AND GERMANY 271 

times, according to the age of the individual, at a central station 
Each man must bear his identification card and is allowed to bring 
with him any documentary evidence which can go to prove that he is 
actually employed or unfit for hard labour. These documents are sub- 
mitted to the officer in charge. After he has examined them he stamps 
the identification card with one of two stamps. The first indicates that 
the man is actually employed to the satisfaction of the officer (i.e 
is a lawyer, doctor, or professional with an accredited practice or a 
large property owner or business man), or that he is obviously seri- 
ously ill ; the second is reserved for all others. Those who have fallen 
under the latter category must report again the next day; those 
under the first are exempt, and are no longer molested. On the second 
day the men who have to report again are given two choices, that of 
voluntarily signing contracts of work in Germany or of working in 
Belgium for German interests (i.e., on railroads, loading and unload- 
ing cars, etc., etc.). If they refuse either of these offers they are 
marked for forced deportation to Germany on the following day and 
are given the necessary orders as regards reporting, bringing of 
heavy extra clothing, etc. 

The procedure on the third day was that which I witnessed. The 
men had been ordered to report at a building about 400 yards from 
the railroad tracks. Equipped with a large bundle containing extra 
clothing and a new pair of "Sabots" each man was waiting his turn 
to be given a final examination. The building was surrounded by 
about 50 soldiers (infantrymen) and the women and children were 
kept at a safe distance by mounted Uhlans with steel-headed spears 
perhaps twenty in number. There were no signs of active disorder! 
but as the crowd outside was continually pressing forward the Uhlans 
had to use forceful tactics to keep it in place. However, I saw no act 
of violence, but only threatening motions. 

The men entered the building in single file and passed between 
examining officers. To them they were allowed to make their final 
appeal. They were still in possession of the papers they had been al- 
lowed to submit on the first day, but these were only cursorily exam- 
ined. I watched two men pass and heard their appeal. The first had 
a sick wife (Medical certificate) was a pensioned arsenal worker who 
during the war had been occupied in cultivating a small piece of land 
(Burgomaster's certificate) and who had a son who had been a volun- 
tary workman in Germany for two years. He was his wife's only sup- 
port (i.e., His pension was). His case was considered for a moment 
only and then he was passed on to go to Germany. The second was also 
a pensioned arsenal worker but he had six small children (The oldest 
12 years) and had a piece of land about twelve hectare in size which 
he had been cultivating. The officer examined his case and then 
turned to me with the remark, "Of course this man goes free." He 
was then led to a side door where his identification card was stamped 
and he was allowed to leave. 

At this point I began to question the officer in charge and the 
officials who had accompanied me, with regard to several general 



272 DIPLOMATIC CORRESPONDENCE BETWEEN 

points on which I was not clear. I asked how the wife of the first man 
was to be supported in his absence since she would naturally not be 
paid the pension which he had received from the Belgian Gov. The 
answer was that the German Gov. would take care of her, and that 
anyway she could support herself on the earnings that her husband 
sent back from Germany. I asked what those could amount to. The 
answer assured me that if he was a good worker and saving, these 
might be as great as 120 Marks per month. I then asked what his 
pay would be if, as he had previously done, he refused to sign a 
voluntary contract. No definite answer. In fact I was told that I 
could get information of that sort from Berlin. I then asked whether 
any money had as yet been returned by workers in Germany, and 
was told that I could get those facts in Brussels. (As yet I have had 
no evidence that any money has been sent back.) I made a final effort 
to secure some information about the actual procedure when men once 
arrived in Germany, and what differences were made between those 
who had signed contracts, and those who hadn 't, but was met with the 
response that they had but small knowledge of what happened to the 
men after they were deported. 

I then turned my attention to the second man and asked why 
he had been let off. All the officials agreed that it was because he had 
six small children dependent on him. I at once asked if according 
to what I had just been told it would not be better for him to be 
deported, since he could earn so much more money in Germany. 
Slight hesitation, and then the officials who accompanied me agreed 
that it would have been better for him to have gone to Germany, but 
that the officer in charge was unusually kind-hearted and had on that 
account let him off. This latter officer made no comment. 

I now went on to the rest of the examination. Every man who 
claimed to be sick could be examined by two doctors. Just previous 
to the moment that I entered one man had been freed because of 
tuberculosis and another had been put on the deported list because 
instead of the catarrh from which he was supposed to be suffering 
he had turned out to be violently intoxicated. But very few chose 
to be examined by the doctors and of those examined (about 40 in all 
I believe) only a few had been freed. 

As the men who were finally selected passed out of a side door of 
the building to be led to the waiting trains, they were relieved of all 
papers and their names were put in a book which was to be sent to the 
prison camp for which they were destined. I was told that those 
papers were to be carefully kept for future references in case a peti- 
tion for repatriation was made with regard to any one of the men. 

From the building to the train the men were led in groups of about 
thirty under heavy military escort. Standing beside the cars was a 
military field kitchen from which the men were fed a plate apiece of 
heavy barley & vegetable soup, in which was discernible very small 
pieces of meat. I tasted this soup, and it was good. On their trip 
to Germany the men were to be fed a similar ration every eight 
hours, provided the train in which they were ran according to 



THE UNITED STATES AND GERMANY 273 

schedule. The ears were the ordinary third-class cars and, at the time 
of ray visit, were being heated. 

About 300 men were taken in all. There were two interpreters in 
constant circulation among them, whose chief functions were to pre- 
sent coming events in a rosy light and to try to persuade men to sign 
contracts of work. I was told that if a man at any time changed his 
mind he could always sign a voluntary contract. This choice was 
reserved him at all stages of the trip to Germany and also at any 
moment during his confinement to the prison camp. While I was 
present only one took the alternative. His courage failed as he 
was about to enter the train, and he elected to stay in Belgium and 
work wherever the Germans assigned him. 

The above statements are merely a literal presentation of the facts 
of one part of a small requisition. From reports received through 
other sources it is quite evident that this requisition was very ex- 
ceptionally well conducted. Not a single man bearing a card from 
the C. R. B. was taken and, on the whole, there were very few com- 
plaints and protests. Whether the orderliness and thoroughness were 
especially provided for this occasion, or whether the policy of deporta- 
tions is to be actually limited to the unemployed, remains to be seen. 
At least it would seem as though the seven second examination per 
man were to be abolished for a more thorough procedure. . . . 



Minister Whitlock to the Secretary of State. 

American Legation, 
Brussels, January 17, 1917. 

Sir: With reference to my telegram of the 15th instant, No. 32, 1 
regarding the deportation of Belgians from the city of Brussels, I 
have the honor to state that summonses to appear for examination 
are now being sent out by the German authorities, directing the men 
to appear on Saturday, the 20th instant, at the Gare du Midi. 

The method of summoning the men is different from that em- 
ployed hitherto, and indicates greater care in preparation. No an- 
nouncements have been posted on the city walls; persons whom it is 
desired to examine are summoned individually by post card, and are 
at the same time advised as to the punishment to which they will ex- 
pose themselves if they do not reply to the summons, the preparatory 
measures which they should take in view of a possible deportation, and 
the bureau to which they should apply in the event of their volun- 
tary inscription for work in lieu of deportation. 

A copy and translation of this post card of notification are inclosed 
herewith. 

I have, etc., Brand Whitlock. 

1 Not printed. 



274 DIPLOMATIC CORRESPONDENCE BETWEEN 

[Inclosure — Translation. ] 

Brussels [date of the postmark]. 
Imperial German Commandantur : 

You are summoned to present yourself on at 8 a. m. at the 

Southern Railway Station (entrance from the Rue de France). 

In the event that you should not obey the present summons, you 
would be deported at once by force; furthermore, you would be 
liable to a sentence of a maximum imprisonment for three months, or 
of a fine not exceeding 1,000 Marks. 

As it is possible that you may be sent to a place of work and that 
in such case you would not have further occasion to get into com- 
munication with the members of your family, you are advised to 
provide yourself with a blanket, with winter clothing, linen, and good 
boots. 

Whoever signs a contract at the "Bureau de 1 'Industrie, " Rue 
Marie Therese, 64, is offered work either in Germany or in Belgium 
on very advantageous conditions, and need not present himself at the 
station. 

[seal.] Count Von Soden, 

Colonel and Commandant. 

The present summons is to be exhibited. 



Part XXII. 

PEACE OVERTURES OF THE CENTRAL POWERS AND 
REPLY OF ENTENTE POWERS. 



Charge Grew to the Secretary of State. 1 

[Telegram.] 

American Embassy, 
Berlin, December 12, 1916. 
Following is the official French translation of the peace communi- 
cation handed to me by the Chancellor this morning, which I am now 
able to telegraph en clair, as the exact text has now been published. 

Berlin, December 12, 1916. 
"Mr. Charge d'affaires: The most formidable war known to 
history has been ravaging for two and a half years a great part of 
the world. That catastrophe, that the bonds of a common civilization 

1 Identic notes were received from the Governments of Austria-Hungary, 
Turkey, and Bulgaria. 



THE UNITED STATES AND GERMANY 275 

more than a thousand years old could not stop, strikes mankind in 
its most precious patrimony; it threatens to bury under its ruins 
the moral and physical progress on which Europe prided itself at 
the dawn of the twentieth century. In that strife Germany and her 
allies— Austria-Hungary, Bulgaria, and Turkey— have given proof of 
their indestructible strength in winning considerable successes at 
war. Their unshakable lines resist ceaseless attacks of their enemies' 
arms. The recent diversion in the Balkans was speedily and vic- 
toriously thwarted. The latest events have demonstrated that a 
continuation of the war cannot break their resisting power. The 
general situation much rather justifies their hope of fresh successes 
It was for the defense of their existence and freedom of their national 
development that the four Allied Powers were constrained to take 
up arms. The exploits of their armies have brought no change 
therein. Not for an instant have they swerved from the conviction 
that the respect of the rights of the other nations is not in any 
degree incompatible with their own rights and legitimate interests 
They do not seek to crush or annihilate their adversaries. Conscious 
of their military and economic strength and ready to carry on to the 
end, if they must, the struggle that is forced upon them, but ani- 
mated at the same time by the desire to stem the flood of blood and 
to bring the horrors of war to an end, the four Allied Powers propose 
to enter even now into peace negotiations. They feel sure that the 
propositions which they would bring forward and which would aim 
to assure the existence, honor, and free development of their peoples, 
would be such as to serve as a basis for the restoration of a lasting 
peace. & 

"If notwithstanding this offer of peace and conciliation the strug- 
gle should continue, the four Allied Powers are resolved to carry it 
on to a victorious end, while solemnly disclaiming any responsibility 
before mankind and history. 

"The Imperial Government has the honor to ask through your 
obliging medium the Government of the United States to be pleased 
to transmit the present communication to the Government of the 
French Eepublic, to the Royal Government of Great Britain to the 
Imperial Government of Japan, to the Royal Government of Rou- 
mama, to the Imperial Government of Russia, and to the Royal 
Government of Servia. 

"I take this opportunity to renew to you, Mr. Charge d 'Affaires, 
the assurance of my high consideration. 

.,_ _, "Von Bethmann Hollweg. 

"To Mr. Joseph Clark Grew, 
"Charge d' 'Affaires of the 

"United States of America." 

Grew. 



276 DIPLOMATIC CORRESPONDENCE BETWEEN 

The Secretary of State to Ambassador W. H. Page. 1 
[Telegram.] 

Department op State, 
Washington, December 16, 1916. 

The American missions at Berlin, Vienna, Constantinople, and 
Sofia have received from the Governments of Germany, Austria- 
Hungary, Turkey, and Bulgaria, respectively, identic notes for trans- 
mission to the Entente Powers. The note from the German Govern- 
ment, which has been received in the English language, reads as 
follows : 2 

The original texts of these notes will be forwarded as soon as 
received by this Government. 

In bringing this note to the attention of the foreign office, as 
requested, intimate quite explicitly that, while you are submitting 
it on behalf of the respective Governments only and in no sense as 
the representative of the Government of the United States, this Gov- 
ernment is deeply interested in the result of these unexpected over- 
tures, would deeply appreciate a confidential intimation of the char- 
acter and purpose of the response that will be made, and will itself 
presently have certain very earnest representations to make on behalf 
of the manifest interests of neutral nations and of humanity itself 
to which it will ask that very serious consideration be given. It does 
not make these representations now because it does not wish to 
connect them with the proposed overtures or have them construed in. 
any way as an attempt at mediation, notwithstanding the fact that' 
these overtures afford an admirable occasion for their consideration. 
The Government of the United States had it in mind to make them 
entirely on its own initiative and before it had any knowledge of the 
present attitude or suggestions of the Central Governments. It will 
make the same representations to the Governments of the Central 
Powers and wishes to make them almost immediately, if necessary, 
but not as associated with the overtures of either group of belliger- 
ents. The present overtures have created an unexpected opportunity 
for looking at the world's case as a whole, but the United States 
would have itself created the occasion had it fallen out otherwise. 

Lansing. 

1 Same to American Embassies at Paris, Petrograd, Rome, and Tokio; Ameri- 
can legations at Bucharest and Belgrade; and American Consulate at Havre. 

2 For text, see supra, telegram from Charge Grew, p. 274. 



THE UNITED STATES AND GERMANY 277 

Ambassador Sharp to the Secretary of State. 

[ Telegram — Paraphrase . ] 

American Embassy, 
Paris, December 29, 1916. 
Mr. Sharp reports receipt from French Foreign Office of reply 
of Allied Governments to proposal of Central Powers transmitted 
in Department's telegram of December 16, 1916. 

Translation of reply of Allied Governments is as follows: 

"The Allied Governments of Belgium, France, Great Britain, 
Italy, Japan, Montenegro, Portugal, Roumania, Russia, and Servia, 
unitedly in the defense of the liberty of nations and faithful to the 
engagement they have taken not to lay down arms separately, have 
resolved to answer collectively the so-called proposals of peace which 
have been addressed them on behalf of the enemy Governments, 
through the intermediary of the United States, of Spain, of Switzer- 
land, and of the Netherlands. 

"The Allied Powers are constrained to preface their answer by 
protesting strongly against the two essential assertions in the note 
of the enemy powers, which attempts to throw upon the Allies the 
responsibility of the war and which proclaims the victory of the 
Central Powers. 

"The Allies cannot admit an assertion which is doubly inexact and 
which is sufficient to render barren any attempt at negotiation. 

"For thirty months the Allied Powers have suffered a war which 
they had tried by every means to avoid. They have demonstrated 
their attachment to peace by their acts. This attachment is as strong 
to-day as it was in 1914 ; after the violation of her engagements, it is 
not upon the word of Germany that peace, broken by her, can be 
based. . . 

"A suggestion without any conditions for initiating negotiations 
is not an offer of peace. The so-called proposal, devoid of substance 
and of precision, circulated abroad by the Imperial Government, 
appears less as an offer of peace than as a maneuver of war. 

"It is based upon a systematic disregard of the nature of the 
struggle of the past, present, and future. 

"As to the past, the German note ignores all the facts, dates, 
and figures which prove that the war was desired, incited, and 
declared by Germany and Austria-Hungary. At The Hague it was 
the German delegate who rejected all suggestion of disarmament. 
In July, 1914, it was Austria-Hungary who, after having addressed 
to Servia an ultimatum, of which there exists no precedent, declared 
war on her despite the satisfaction immediately obtained. The Cen- 
tral Empires thereafter repulsed every attempt made by the Entente 
to bring about a pacific solution to what was a local conflict. Eng- 
land's offer of a conference, the French proposal of an international 
commission, the request for arbitration addressed by the Emperor 



278 DIPLOMATIC CORRESPONDENCE BETWEEN 

of Russia to the Emperor of Germany, the understanding reached 
between Russia and Austria-Hungary on the eve of hostilities; all 
these endeavors were left by Germany without answer and without 
issue. Belgium was invaded by an empire which had guaranteed 
her neutrality and which itself unhesitatingly proclaimed that 
treaties are 'mere scraps of paper' and that 'necessity knows no 
law.' 

""As regards the present, the so-styled offers of Germany are 
based upon a 'war map' which covers Europe alone; which expresses 
only the exterior and transitory aspect of the situation, but not the 
real strength of the adversaries. To conclude a peace based on the 
above would be to the sole advantage of the aggressors, who, having 
believed they could attain their object in two months perceive after 
two years that it will never be attained. 

"For the future, the ruins caused by the German declaration of 
war, the innumerable aggressions committed by Germany and her 
allies against the belligerents and against neutrals demand penalties, 
reparations, and guarantees; Germany eludes one and all. 

"In reality, the overture made by the Central Powers is but 
an attempt calculated to work upon the evolution of the war and 
of finally imposing a German peace. 

"It has for its object the troubling of opinion in the Allied 
countries; this opinion, in spite of all the sacrifices endured, has 
already replied with an admirable firmness and has denounced the 
hollowness of the enemy declaration. 

"It desires to strengthen public opinion in Germany and amongst 
her allies already so gravely shaken by their losses, fatigued by the 
economic encirclement, and crushed by the supreme effort which 
is exacted from their peoples. 

"It seeks to deceive, to intimidate public opinion of neutral coun- 
tries long ago satisfied as to the original responsibilities, enlightened 
as to the present responsibilities, and too farseeing to favor the 
designs of Germany by abandoning the defense of human liberties. 

"It strives finally to justify new crimes in advance before the 
eyes of the world; submarine warfare, deportations, forced labor, 
and enlistment of nationals against their own country, violation of 
neutrality. 

"It is with a full realization of the gravity, but also of the neces- 
sities of this hour that the Allied Governments closely united and 
in perfect communion with their peoples refuse to entertain a pro- 
posal without sincerity and without import. 

"They affirm, once again, that no peace is possible as long as 
the reparation of violated rights and liberties, the acknowledgment 
of the principle of nationalities and of the free existence of small 
states shall not be assured; as long as there is no assurance of a 
settlement to suppress definitely the causes which for so long a 
time have menaced nations and to give the only efficacious guaran- 
tees for the security of the world. 

"The Allied Powers, in termination, are constrained to expose the 



THE UNITED STATES AND GERMANY 279 

following considerations which bring into relief the particular situa- 
tion in which Belgium finds herself after two and a half years of 
war. By virtue of international treaties signed by five of the great 
powers of Europe, amongst which figured Germany, Belgium profited 
by a special statute which rendered her territory inviolate, and 
placed the country itself under the guarantee of these powers, 
sheltered from European conflicts. Nevertheless Belgium, despite 
these treaties, was the first to suffer the aggression of Germany. 
It is why the Belgian Government deems it necessary to specify the 
purpose which Belgium has never ceased to pursue in fighting, beside 
the powers of the Entente for the cause of right and justice. 

"Belgium has always scrupulously observed the duties imposed 
upon her by neutrality. She took arms to defend her independence 
and her neutrality violated by Germany and to remain faithful to 
her international obligations. On the fourth of August at the 
Reichstag the Chancellor acknowledged that this aggression consti- 
tuted an injustice contrary to the right of nations and agreed in 
the name of Germany to repair it. 

"After two and a half years this injustice has been cruelly aggra- 
vated by the practice of war and occupation which have exhausted 
the resources of the country, ruined its industries, devastated its 
cities and villages, multiplied the massacres, the executions, and 
imprisonments. And at the moment that Germany speaks to the 
world of peace and humanity she deports and reduces to servitude. 
Belgium before the war had no other wish than to live in concord 
with all her neighbors. Her King and her Government have only 
one purpose: the reestablishment of peace and of right. But they 
will only consider a peace which Belgian citizens by the thousand 
(demand?) assures to their country legitimate reparation, guaran- 
tees and security for the future." 

Sharp. 



The Secretary of State to Ambassador Gerard. 1 

[Telegram.] 

Department of State, 
Washington, January 2, 1917. 
This Government has received the following translation of the 
note of the Entente Powers replying to the overtures of the Central 
Powers. Please deliver this note to the Government to which you 
are accredited, with the statement that the French text is being 
forwarded directly to you by the American Embassy, Paris, and 
that it will be delivered upon receipt : 2 

Lansing. 

1 Same to American Embassies at Vienna and Constantinople and American 
Legation at Sofia. 

2 For text, see supra, telegram from Ambassador Sharp, p. 277. 



280 DIPLOMATIC CORRESPONDENCE BETWEEN 

Ambassador Gerard to the Secretary of State. 

\ Telegram — Paraphrase. ] 

American Embassy, 
Berlin, January 12, 1917. 
Mr. Gerard reports receipt of note from German Foreign Office 
as follows: 

''Through the medium of the Government of the United States, 
the Royal Government of Spain, and the Swiss Federal Government, 
the Imperial and Royal Government has received its adversaries' 
reply to the note of December 12 in which Germany, in accord with 
its allies, proposed an early opening of peace negotiations. The 
adversaries reject the proposal under pretense that it is insincere 
and meaningless. The form in which they put their refusal excludes 
any idea of a reply. 

"The Imperial Government nevertheless wishes to make known 
to the Governments of the neutral powers its view of the situation. 
The Central Powers have no occasion to revert to the discussions 
as to the origin of the world war. It is for history to pass judg- 
ment on the monstrous responsibility for the conflict. Its verdict 
will not any more leave out of consideration the encircling policy of 
Great Britain, the revengeful policy of France, the yearning of 
Russia for Constantinople than the provocation from Servia, the 
Serajevo assassination, and the general Russian mobilization which 
meant war with Germany. 

"Germany and its allies having been compelled to take up arms 
in the defense of their freedom and existence consider they have 
accomplished that end of their efforts. On the other hand, the enemy 
powers have drifted farther and farther away from the achievement 
of their plans, which, according to the statements of their respon- 
sible statesmen, aimed, among other things, at the conquest of Alsace- 
Lorraine and of several Prussian provinces, the humiliation and cur- 
tailment of the Austro-Hungarian Monarchy, the partition of Turkey, 
and the mutilation of Bulgaria. Such demands give at least a strange 
sound to the pretension of sanction, repatriation, and guaranty in 
the mouths of our adversaries. 

' ' Our adversaries call the peace proposal of the four allied powers 
a war maneuver. Germany and its allies; must enter the most 
emphatic protest against so false an interpretation of the motives 
for their step which they have openly disclosed. They were con- 
vinced that a just peace, acceptable to all the belligerents, is feasible ; 
that it can be attained through an immediate oral exchange of views 
and that therefore further bloodshed is indefensible. The fact that 
they have unreservedly shown their readiness to make known their 
peace proposals as soon as the negotiations were opened disposes of 
any doubt as to their sincerity. The adversaries who were given 
the opportunity to examine the value of that offer neither attempted 



THE UNITED STATES AND GERMANY 281 

to do so nor offered counter proposals. Instead, they declare any 
peace to be impossible as long as they are not assured reparation 
for invaded rights and freedoms, acknowledgment of the principle 
of nationalities and the free existence of small States. The sincerity 
which our adversaries will not acknowledge in the four allied powers' 
proposal can hardly be conceded to those demands by the world when 
it recalls the fate of the Irish people, the obliteration of the freedom 
and independence of the South African Eepublics, the conquest of 
North Africa by Great Britain, France, and Italy, the oppression 
of foreign nationalities by Russia, and, lastly, the act unprecedented 
in history which is constituted by the violence brought to bear on 
Greece. 

" Likewise it ill becomes those powers to complain of alleged 
violations of international law by the four allied powers, as they 
themselves have since the beginning of the war trampled the law 
under foot and torn the treaties upon which the law rests. In the 
early weeks following the opening of hostilities Great Britain dis- 
owned its adhesion to the Declaration of London and yet the text 
had been acknowledged by its own delegates to be conformable to 
the law of nations, and, as such, valid. In the course of the war 
it also violated in the most grave manner the Declaration of Paris, 
so that its arbitrary measures have created in the conduct of mari- 
time warfare the state of illegality that now exists. The attempt to 
overcome Germany by starvation and the pressure exercised on the 
neutrals in the interest of Great Britain are at equally flagrant vari- 
ance with the rules of international laws and the laws of humanity. 
Another infringement of the law of nations that cannot be reconciled 
with the principles of civilization is the use of colored troops as 
also is the transfer of war in violation of existing treaties the effect 
of which cannot but destroy the prestige of the white race in those 
countries. The inhuman treatment of prisoners, especially in Africa 
• and Russia, the deportation of the civilian population of East Prus- 
sia, of Alsace-Lorraine, Galicia, and Bukowina are as many further 
proofs of the manner in which our adversaries understand the respect 
of law and civilization. 

"Our adversaries close their note of December 30 with a state- 
ment laying stress on the peculiar situation in Belgium. The Imperial 
Government is unable to admit that the Belgian Government always 
observed the duties imposed upon it by its neutrality toward Great 
Britain. Belgium applied in a military sense to that power and to 
France, thus violating the spirit of the treaties intended to guarantee 
its independence and neutrality. Twice did the Imperial Govern- 
ment declare to the Belgian Government that it was not coming to 
Belgium as an enemy, and begged it to spare its country the horrors 
of war. It offered in that case to guarantee in their entirety the 
territory and independence of the kingdom of Belgium and to make 
good all damage that the passing of German troops might cause. 
It is known that in 1887 the British Royal Government had resolved 
not to oppose a claim to the right of way in Belgium under those 



282 DIPLOMATIC CORRESPONDENCE BETWEEN 

conditions. The Belgian Government refused the reiterated offer of 
the Imperial Government. The responsibility for the fate that befell 
Belgium rests upon its Government and the powers which drew it 
into that attitude. The Imperial Government repeatedly repelled 
as groundless the charges brought against the conduct of the war 
in Belgium and against the measures there taken in the interest of 
military safety. It again enters an energetic protest against those 
calumnies. 

"Germany and its allies have made a genuine attempt with a 
view to bringing the war to an end and opening the way for an 
understanding among the belligerents. The Imperial Government 
lays down as a fact that the question as to whether or not that way 
would be entered, leading to peace, solely depended on the decision 
of its adversary. The enemy Governments declined to do so, upon 
them rests the whole responsibility for further bloodshed. The four 
allied powers in their calm conviction that they are in the right 
will carry on the struggle until they win a peace that will guaran- 
tee to their peoples honor, existence, and free development, and at 
the same time insure for all the States in the European Continent 
the beneficent possibility of cooperating in mutual esteem and on 
a perfectly equal footing toward the solution of the great problems 
of civilization." 

Gerard. 



Ambassador Penfield to tlie Secretary of State. 

[Telegram — Paraphrase.] 

American Embassy, 
Vienna, January 12, 1917. 
Mr. Penfield reports receipt of a note from the Austro-Hungarian 
Minister of Foreign Affairs as follows: 

"The Imperial and Royal Government had on the fifth instant 
the honor to receive through the obliging medium of the Govern- 
ment of the United States of America the reply of the States at war 
with it to its note of December twelfth, in which the Imperial and 
Royal Government in concert with its allies declared its readiness 
to enter upon peace negotiations. Jointly with the allied powers the 
Imperial and Royal Government did not fail to subject the reply 
of the enemy Governments to a thorough examination which brought 
the following result. 

"Under pretense that the proposal of the four allied powers lacked 
sincerity and importance the enemy Governments decline to accede 
to the proposal. The form they gave to their communication makes 
it impossible to return an answer addressed to them. The Imperial 



THE UNITED STATES AND GERMANY 283 

and Royal Government nevertheless wishes to disclose its views to 
the neutral powers. 

"The reply of the enemy Governments shuns every discussion of 
the means to bring the war to an end. It confines itself to reverting 
to the facts anterior to the war, to the alleged strength of their mili- 
tary situation, and to the motives for the peace proposal as supposed 
by them. 

"The Imperial and Royal Government has no present intention 
to launch into a renewed discussion of the antecedents of the war, 
for it is convinced that a straightforward, impartial judgment has 
already and irrefutably established, in the eye of all mankind, on 
which side lies the responsibility for the war. With particular 
reference to Austria-Hungary's ultimatum to Servia, the Monarchy 
has given in the years that preceded that step sufficient evidence of 
her forbearance in the face of the tendencies and hostile and aggres- 
sive doings of Servia which were growing worse and worse up to 
the time when the infamous Sarajevo assassination put any further 
leniency out of the question. 

"Likewise any discussion of the point of determining which side 
the advantage lay in regard to the military situation seems idle, 
as the answer to that question may unhesitatingly be left with public 
opinion throughout the world. Besides a comparison of the ends 
sought by the two groups in the present conflagration implies the 
solution of that question. While Austria-Hungary and its allies 
from the beginning of the war, never aimed at territorial conquest 
but rather at their defense, the contrary stands true for the enemy 
States which, to mention but a few of the objects they harbor in this 
war, crave the annihilation and spoliation of the Austro-Hungarian 
Monarchy, the conquest of Alsace-Lorraine as also the partition of 
Turkey and the curtailment of Bulgaria. The four Allied Powers 
therefore may consider they have achieved the purely defensive ends 
they seek in that war while their adversaries are more and more 
removed from the accomplishment of their designs. 

"If the enemy Governments term 'strategem' the proposal of 
the four Allied Powers which is said to lack sincerity and importance, 
it is clear that we have here but an absolutely arbitrary assertion 
of a biased judgment incapable of proof as long as the peace nego- 
tiations have not begun and consequently our peace terms are not 
known. 

"The Imperial and Royal Government and the Governments of 
the Allied Powers acted in perfect sincerity and good faith when 
they proposed peace negotiations for they had to reckon with the 
contingency of their explicit proposal to make their terms known 
immediately upon the opening of the negotiations being accepted. 
On the contrary the adversaries were those who, without offering 
any counter proposal, declined to acquaint themselves with the eon- 
tents of the proposal of the four Allied Powers. If the adversaries 
demand above all the restoration of invaded rights and liberties, 
the recognition of the principle of nationalities and of the free exist- 



284 DIPLOMATIC CORRESPONDENCE BETWEEN 

enee of small States, it will suffice to call to mind the tragic fate of 
the Irish and Finnish peoples, the obliteration of the freedom and 
independence of the Boer Republics, the subjection of North Africa 
by Great Britain, France, and Italy and, lastly, the violence brought 
to bear on Greece for which there is no precedent in history. 

"The Imperial and Royal Government lays down as a fact that 
in concert with the Allied Powers it had declared its readiness to 
bring the war to an end by means of an oral exchange of views with 
the enemy Governments and that on the decision of the adversaries 
alone depended the opening of the way to peace. Before God and 
mankind it disclaims responsibility for a continuance of the war. 
Calm, strong, and confident of their right, Austro-Hungary and its 
allies will carry on the struggle until they gain a peace that will 
secure the existence, honor, and free development of the peoples and 
at the same time enable the States of Europe to cooperate in the 
grand work of civilization on the basis of wholly equal rights. 

"The Imperial and Royal Government has the honor to apply 
for Your Excellency's obliging good offices with a request that you 
will kindly forward the foregoing to the Government of the United 
States of America. 

"Be pleased to accept etcetera. 

"[Signed.] Czernin." 
Penfield. 



Part XXIII. 

SUGGESTIONS CONCERNING THE WAR MADE BY PRESI- 
DENT WILSON DECEMBER 18, 1916, AND REPLIES OF 
BELLIGERENTS AND NEUTRALS. 



The Secretary of State to Ambassador W. H. Page} 
[Telegram.] 

Department of State, 
Washington. December 18, 1916. 
The President directs me to send you the following communication 
to be presented immediately to the Minister of Foreign Affairs of the 
Government to which you are accredited: 

"The President of the United States has instructed me to sug- 
gest to His Majesty's Government a course of action with regard to 
the present war which he hopes that the British Government will take 

1 Same, mutatis mutandis, to the American Diplomatic Representatives ac- 
credited to the Governments of France, Italy, Japan, Russia, Belgium, Montenegro, 
Portugal, Roumania, and Servia, and to all neutral Governments for their informa- 
tion. 



THE UNITED STATES AND GERMANY 285 

under consideration as suggested in the most friendly spirit and as 
coming not only from a friend but also as coming from the representa- 
tive of a neutral nation whose interests have been most seriously 
affected by the war and whose concern for its early conclusion arises 
out of a manifest necessity to determine how best to safeguard those 
interests if the war is to continue. 

' ' The suggestion which I am instructed to make the President has 
long had it in mind to offer. He is somewhat embarrassed to offer it 
at this particular time because it may now seem to have been prompted 
by the recent overtures of the Central Powers. It is in fact in no 
way associated with them in its origin and the President would have 
delayed offering it until those overtures had been answered but for the 
the fact that it also concerns the question of peace and may best be 
considered in connection with other proposals which have the same 
end in view. The President can only beg that his suggestion be con- 
sidered entirely on its own merits and as if it had been made in other 
circumstances. 

"The President suggests that an early occasion be sought to call 
out from all the nations now at war such an avowal of their respective 
views as to the terms upon which the war might be concluded and the 
arrangements which would be deemed satisfactory as a guaranty 
against its renewal or the kindling of any similar conflict in the 
future as would make it possible frankly to compare them. He is 
indifferent as to the means taken to accomplish this. He would be 
happy himself to serve or even to take the initiative in its accomplish- 
ment in any way that might prove acceptable, but he has no desire to 
determine the method or the instrumentality. One way will be as 
acceptable to him as another if only the great object he has in mind be 
attained. 

1 ' He takes the liberty of calling attention to the fact that the ob- 
jects which the statesmen of the belligerents on both sides have in 
mind in this war are virtually the same, as stated in general terms to 
their own people and to the world. Each side desires to make the 
rights and privileges of weak peoples and small States as secure 
against aggression or denial in the future as the rights and privi- 
leges of the great and powerful States now at war. Each wishes 
itself to be made secure in the future, along with all other nations 
and peoples, against the recurrence of wars like this and against 
aggression of selfish interference of any kind. Each would be 
jealous of the formation of any more rival leagues to preserve an 
uncertain balance of power amidst multiplying suspicions ; but each is 
ready to consider the formation of a league of nations to insure peace 
and justice throughout the world. Before that final step can be taken, 
however, each deems it necessary first to settle the issues of the present 
war upon terms which will certainly safeguard the independence, the 
territorial integrity, and the political and commercial freedom of the 
nations involved. 

"In the measures to be taken to secure the future peace of the 
world the people and Government of the United States are as vitally 



286 DIPLOMATIC CORRESPONDENCE BETWEEN 

and directly interested as the Governments now at war. Their inter- 
est, moreover, in the means to be adopted to relieve the smaller and 
weaker peoples of the world of the peril of wrong and violence is as 
quick and ardent as that of any other people or Government. They 
stand ready, and even eager, to cooperate in the accomplishment of 
these ends, when the war is over, with every influence and resource 
at their command. But the war must first be concluded. The terms 
upon which it is to be concluded they are not at liberty to suggest; 
but the President does feel that it is his right and his duty to point 
out their intimate interest in its conclusion, lest it should presently 
be too late to accomplish the greater things which lie beyond its con- 
clusion, lest the situation of neutral nations, now exceedingly hard to 
endure, be rendeied altogether intolerable, and lest, more than all, an 
injury be done civilization itself which can never be atoned for or 
repaired. 

"The President therefore feels altogether justified in suggesting 
an immediate opportunity for a comparison of views as to the terms 
which must precede those ultimate arrangements for the peace of the 
world, which all desire and in which the neutral nations, as well as 
those at war, are ready to play their full responsible part. If the 
contest must continue to proceed towards undefined ends by slow 
attrition until the one group of belligerents or the other is exhausted, 
if million after million of human lives must continue to be offered 
up until on the one side or the other there are no more to offer, if 
resentments must be kindled that can never cool and despairs en- 
gendered from which there can be no recovery, hopes of peace and 
of the willing concert of free peoples will be rendered vain and idle. 

"The life of the entire world has been profoundly affected. Every 
part of the great family of mankind has felt the burden and terror 
of this unprecedented contest of arms. No nation in the civilized 
world can be said in truth to stand outside its influence or to be safe 
against its disturbing effects. And yet the concrete objects for which 
it is being waged have never been definitively stated. 

"The leaders of the several belligerents have, as has been said, 
stated those objects in general terms. But, stated in general terms, 
they seem the same on both sides. Never yet have the authoritative 
spokesmen of either side avowed the precise objects which would, if 
attained, satisfy them and their people that the war had been fought 
out. The world has been left to conjecture what definitive results, 
what actual exchange of guarantees, what political or territorial 
changes or readjustments, what stage of military success even would 
bring the war to an end. 

"It may be that peace is nearer than we know; that the terms 
which the belligerents on the one side and on the other would deem it 
necessary to insist upon are not so irreconcilable as some have feared ; 
that an interchange of views would clear the way at least for con- 
ference and make the permanent concord of the nations a hope of the 
immediate future, a concert of nations immediately practicable. 

"The President is not proposing peace; he is not even offering 



THE UNITED STATES AND GERMANY 287 

mediation. He is merely proposing that soundings be taken in order 
that we may learn, the neutral nations with the belligerent, how near 
the haven of peace may be for which all mankind longs with an intense 
and increasing longing. He believes that the spirit in which he speaks 
and the objects which he seeks will be understood by all concerned, 
and he confidently hopes for a response which will bring a new light 
into the affairs of the world." 

Lansing. 



The Secretary of State to Ambassador Gerard. 1 

[Telegram.] 

Department of State, 
Washington, December 18, 1916. 

The President directs me to send you the following communication 
to be presented immediately to the Minister of Foreign Affairs of the 
Government to which you are accredited: 

"The President of the United States has instructed me to sug- 
gest to the Imperial German Government a course of action with 
regard to the present war which he hopes that the Imperial Govern- 
ment will take under consideration as suggested in the most friendly 
spirit and as coming not only from a friend but also as coming from 
the representative of a neutral nation whose interests have been most 
seriously affected by the war and whose concern for its early con- 
clusion arises out of a manifiest necessity to determine how best to 
safeguard those interests if the war is to continue. 

"The suggestion which I am instructed to make the President has 
long had it in mind to offer. He is somewhat embarrassed to offer 
it at this particular time because it may now seem to have been 
prompted by a desire to play a part in connection with the recent 
overtures of the Central Powers. It has in fact been in no way sug- 
gested by them in its origin and the President would have delayed 
offering it until those overtures had been independently answered but 
for the fact that it also concerns the question of peace and may best 
be considered in connection with other proposals which have the same 
end in view. The President can only beg that his suggestion be con- 
sidered entirely on its own merits and as if it had been made in other 
circumstances. 

"The President suggests that an early occasion be sought to call 
out from all the nations now at war such an avowal of their respective 
views as to the terms upon which the war might be concluded and the 
arrangements which would be deemed satisfactory as a guaranty 
against its renewal or the kindling of any similar conflict in the 
future as would make it possible frankly to compare them. He is 

1 Same, mutatis mutandis, to the American Diplomatic Representatives ac- 
credited to the Governments of Austro-Hungary, Turkey, and Bulgaria, and to all 
neutral Governments for their information. 



288 DIPLOMATIC CORRESPONDENCE BETWEEN 

indifferent as to the means taken to accomplish this. He would be 
happy himself to serve, or even to take the initiative in its accom- 
plishment, in any way that might prove acceptable, but he has no 
desire to determine the method or the instrumentality. One way will 
be as acceptable to him as another if only the great object he has in 
mind be attained. 

"He takes the liberty of calling attention to the fact that the 
objects which the statesmen of the belligerents on both sides have in 
mind in this war are virtually the same, as stated in general terms 
to their own people and to the world. Each side desires to make the 
rights and privileges of weak peoples and small states as secure 
against aggression or denial in the future as the rights and privileges' 
of the great and powerful states now at war. Each wishes itself to be 
made secure in the future, along with all other nations and peoples, 
against the recurrence of wars like this, and against aggression of self- 
ish interference of any kind. Each would be jealous of the forma- 
tion of any more rival leagues to preserve an uncertain balance of 
power amidst multiplying suspicions ; but each is ready to consider the 
formation of a league of nations to insure peace and justice through- 
out the world. Before that final step can be taken, however, each 
deems it necessary first to settle the issues of the present war upon 
terms which will certainly safeguard the independence, the territorial 
integrity, and the political and commercial freedom of the nations 
involved. 

"In the measures to be taken to secure the future peace of the 
world the people and Government of the United States are as vitally 
and as directly interested as the Governments now at war. Their 
interest, moreover, in the means to be adopted to relieve the smaller 
and weaker peoples of the world of the peril of wrong and violence 
is as quick and ardent as that of any other people or Government. 
They stand ready, and even eager, to cooperate in the accomplish- 
ment of these ends, when the war is over, with every influence and 
resource at their command. But the war must first be concluded. 
The terms upon which it is to be concluded they are not at liberty 
to suggest ; but the President does feel that it is his right and his duty 
to point out their intimate interest in its conclusion, lest it should 
presently be too late to accomplish the greater things which lie beyond 
its conclusion, lest the situation of neutral nations, now exceedingly 
hard to endure, be rendered altogether intolerable, and lest, more than 
all, an injury be done civilization itself which can never be atoned for 
or repaired. 

"The President therefore feels altogether justified in suggesting 
an immediate opportunity for a comparison of views as to the terms 
which must precede those ultimate arrangements for the peace of the 
world, which all desire and in which the neutral nations as well as 
those at war are ready to play their full responsible part. If the 
contest must continue to proceed towards undefined ends by slow 
attrition until the one group of belligerents or the other is exhausted, 
if million after million of human lives must continue to be offered 



THE UNITED STATES AND GERMANY 289 

■up until on the one side or the other there are no more to offer, if 
resentments must be kindled that can never cool and despairs engen- 
dered from which there can be no recovery, hopes of peace and of the 
willing concert of free peoples will be rendered vain and idle. 

The life of the entire world has been profoundly affected. Every 
part of the great family of mankind has felt the burden and terror of 
this unprecedented contest of arms. No nation in the civilized world 
can be said in truth to stand outside its influence or to be safe against 
its disturbing effects. And yet the concrete objects for which it is 
being waged have never been definitively stated. 

"The leaders of the several belligerents have, as has been said, 
stated those objects in general terms. But stated in general terms, 
they seem the same on both sides. Never yet have the authoritative 
spokesmen of either side avowed the precise objects which would, if 
attained, satisfy them and their people that the war had been fought 
out. The world has been left to conjecture what definitive results, 
what actual exchange of guaranties, what political or territorial 
changes or readjustments, what stage of military success even, Avould 
bring the war to an end. 

"It may be that peace is nearer than we know; that the terms 
which the belligerents on the one side and on the other would deem 
it necessary to insist upon are not so irreconcilable as some have 
feared ; that an interchange of views would clear the way at least for 
conference and make the permanent concord of the nations a hope 
of the immediate future, a concert of nations immediately practicable. 

"The President is not proposing peace; he is not even offering 
mediation. He is merely proposing that soundings be taken in order 
that we may learn, the neutral nations with the belligerent, how near 
the haven of peace may be for which all mankind longs with an in- 
tense and increasing longing. He believes that the spirit in which he 
speaks and the objects which he seeks will be understood by all con- 
cerned, and he confidently hopes for a response which will bring a new 

light into the affairs of the world." 

Lansing. 



Ambassador Gerard to the Secretary of State. 1 
[ Telegram — Paraphrase.] 

American Embassy, 
Berlin, December 26, 1916. 
Mr. Gerard reports receipt of a note from the German Foreign 
Office, dated December 26, 1916, as follows: 

"Foreign Office, 
"Berlin, December 26, 1916. 
"With reference to the esteemed communication of December 21, 
Foreign Office No. 15118, the undersigned has the honor to reply 

1 Similar replies were received from the Governments of Austria-Hungary, 
Turkey, and Bulgaria. 



290 DIPLOMATIC CORRESPONDENCE BETWEEN 

as follows: To His Excellency the Ambassador of the United States 
of America, Mr. James W. Gerard. 

"The Imperial Government has accepted and considered in the 
friendly spirit which is apparent in the communication of the Presi- 
dent, noble initiative of the President looking to the creation of bases 
for the foundation of a lasting peace. The President discloses the 
aim which lies next to his heart and leaves the choice of the way open. 
A direct exchange of views appears to the Imperial Government as 
the most suitable way of arriving at the desired result. The Imperial 
Government has the honor, therefore, in the sense of its declaration 
of the 12th instant, which offered the hand for peace negotiations, to 
propose the speedy assembly, on neutral ground, of delegates of the 
warring States. 

"It is also the view of the Imperial Government that the great 
work for the prevention of future wars can first be taken up only 
after the ending of the present conflict of exhaustion. The Imperial 
Government is ready, when this point has been reached, to cooperate 
with the United States at this sublime task. 

"The undersigned, while permitting himself to have recourse to 
good offices of His Excellency the Ambassador in connection with the 
transmission of the above reply to the President of the United States, 
avails himself of this opportunity to renew the assurances of his high- 
est consideration. "Zimmermann." 



Consul General Murphy to tlie Secretary of State. 

[Telegram.] 

American Consulate General, 
Sofia, December 30, 1916. 

Referring circular eighteenth. 

Bulgarian foreign minister responds following: 

"I have had the honor to receive the letter you were pleased to 
address to me on the 28th of this month to acquaint me with the step 
taken by Mr. President Wilson in favor of peace, and I hasten to com- 
municate to you the following answer of the Bulgarian Government: 

"The generous initiative of the President of the United States 
tending to create bases for the restoration of peace, was cordially 
received and taken into consideration by the Royal Government in 
the same friendly spirit which is evidenced by the presidential com- 
munication. The President indicates the object he has at heart and 
leaves open the choice of the way leading to that object. The Royal 
Government considers a direct exchange of views to be the most 
efficacious way to attain the desired end. In accordance with its 
declaration of the 12th of December inst., which extends a hand for 
peace negotiations, it has the honor to propose an immediate meeting 
at one place of delegates of the belligerent powers. The Royal Gov- 
ernment shares the view that the great undertaking which consists in 



THE UNITED STATES AND GERMANY 291 

preventing future war can only be initiated after the close of present 
conflict of nations. When that time comes, the Royal Government 
will be glad to cooperate with the United States of America and other 
neutral nations in that sublime endeavor. 

"Be pleased to accept, Mr. Consul General, the assurances of my 
high consideration. 

"(Signed) Doctor Radoslavoff. " 

Murphy. - 



Ambassador Sharp to the Secretary of State. 

[Telegram.] 

American Embassy, 
Paris, January 10, 1917. 

Copy of Belgian note as follows : 

"The Government of the King, which has associated itself with 
the answer handed by the President of the French Council to the 
American Ambassador on behalf of all, is particularly desirous of pay- 
ing tribute to the sentiment of humanity which prompted the Presi- 
dent of the United States to send his note to the belligerent powers 
and it highly esteems the friendship expressed for Belgium through 
his kindly intermediation. It desires as much as Mr. Woodrow Wilson 
to see the present war ended as early as possible. 

' ' But the President seems to believe that the statesmen of the two 
opposing camps pursue the same objects of war. The example of 
Belgium unfortunately demonstrates that this is in no wise the fact. 
Belgium has never, like the Central Powers, aimed at conquests. The 
barbarous fashion in which the German Government has treated, and 
is still treating, the Belgian nation, does not permit the supposition 
that Germany will preoccupy herself with guaranteeing in the future 
the rights of the weak nations which she has not ceased to trample 
under foot since the war, let loose by her, began to desolate Europe. 
On the other hand, the Government of the King has noted with pleas- 
ure and with confidence the assurances that the United States is im- 
patient to cooperate in the measures which will be taken after the 
conclusion of peace, to protect and guarantee the small nations against 
violence and oppression. 

"Previous to the German ultimatum, Belgium only aspired to live 
upon good terms with all her neighbors ; she practiced with scrupulous 
loyalty towards each one of them the duties imposed by her neutrality. 
In the same manner she has been rewarded by Germany for the con- 
fidence she placed in her, through which, from one day to the other, 
without any plausible reason, her neutrality was violated, and the 
Chancellor of the Empire when announcing to the Reichstag this 
violation of right and of treaties, was obliged to recognize the iniquity 
of such an act and predetermine that it would be repaired. But the 
Germans, after the occupation of Belgian territory, have displayed no 
better observance of the rules of international law or the stipulations 



292 DIPLOMATIC CORRESPONDENCE BETWEEN 

of The Hague Convention. They have, by taxation, as heavy as it is 
arbitrary, drained the resources of the country; they have inten- 
tionally ruined its industries, destroyed whole cities, put to death and 
imprisoned a considerable number of inhabitants. Even now, while 
they are loudly proclaiming their desire to put art end to the horrors 
of war, they increase the rigors of the occupation by deporting into 
servitude Belgian workers by the thousands. 

' ' If there is a country which has the right to say that it has taken 
up arms to defend its existence, it is assuredly Belgium. Compelled 
to fight or to submit to shame, she passionately desires that an end 
be brought to the unprecedented sufferings of her population. But 
she could only accept a peace which would assure her as well as 
equitable reparation, security and guarantees for the future. 

''The American people, since the beginning of the war, has mani- 
fested for the oppressed Belgian nation, its most ardent sympathy. 
It is an American committee, the Commission for Relief in Belgium 
which, in close union with the Government of the King and the Na- 
tional Committee, displays an untiring devotion and marvelous activ- 
ity in re-victualling Belgium. The Government of the King is happy 
to avail itself of this opportunity to express its profound gratitude to 
the Commission for Relief as well as to the generous Americans eager 
to relieve the misery of the Belgian population. Finally, nowhere 
more than in the United States have the abductions and deportations 
of Belgian civilians provoked such a spontaneous movement of pro- 
testation and indignant reproof. 

' ' These facts, entirely to the honor of the American nation, allow 
the Government of the King to entertain the legitimate hope that at 
the time of the definitive settlement of this long war, the voice of the 
Entente Powers will find in the United States a unanimous echo to 
claim in favor of the Belgian nation, innocent victim of German am- 
bition and covetousness, the rank and the place which its irreproach- 
able past, the valor of its soldiers, its fidelity to honor and its remark- 
able faculties for work assign to it among the civilized nations." 

Sharp. 



Ambassador Sharp to the Secretary of State. 

[Telegram.] 

American Embassy, 
Paris, January 10, 1917. 
The following is the translation of the French note: 
"The Allied Governments have received the note which was de- 
livered to them in the name of the Government of the United States 
on the nineteenth of December, 1916. They have studied it with the 
care imposed upon them both by the exact realization which they have 
of the gravity of the hour and by the sincere friendship which attaches 
them to the American people. 

"In general way they wish to declare that they pay tribute to 
the elevation of the sentiment with which the American note is in- 



THE UNITED STATES AND GERMANY 293 

spired and that they associate themselves with all their hopes with 
the project for the creation of a league of nations to insure peace and 
justice throughout the world. They recognize all the advantages for 
the cause of humanity and civilization which the institution of inter- 
national agreements, destined to avoid violent conflicts between na- 
tions would prevent; agreements which must imply the sanctions 
necessary to insure their execution and thus to prevent an apparent 
security from only facilitating new aggressions. But a discussion 
of future arrangements destined to insure an enduring peace presup- 
poses a satisfactory settlement of the actual conflict ; the Allies have as 
profound a desire as the Government of the United States to terminate 
as soon as possible a war for which the Central Empires are respon- 
sible and which inflicts such cruel sufferings upon humanity. But 
they believe that it is impossible at the present moment to attain a 
peace which will assure them reparation, restitution, and such guaran- 
tees to which they are entitled by the aggression for which the respon- 
sibility rests with the Central Powers and of which the principle itself 
tended to ruin the security of Europe; a peace which would on the 
other hand permit the establishment of the future of European nations 
on a solid basis. The Allied nations are conscious that they are not 
fighting for selfish interests, but above all to safeguard the independ- 
ence of peoples, of right, and of humanity. 

1 ' The Allies are fully aware of the losses and suffering which the 
war causes to neutrals as well as to belligerents and they deplore 
them ; but they do not hold themselves responsible for them, having in 
no way either willed or provoked this war, and they strive to reduce 
these damages in the measure compatible with the inexorable exigen- 
cies of their defense against the violence and the wiles of the enemy. 

"It is with satisfaction therefore that they take note of the declara- 
tion that the American communication is in nowise associated in its 
origin with that of the Central Powers transmitted on the eighteenth 
of December by the Government of the United States. They did not 
doubt moreover the resolution of that Government to avoid even the 
appearance of a support, even moral, of the authors responsible for the 
war. 

"The Allied Governments believe that they must protest in the 
most friendly but in the most specific manner against the assimilation 
established by the American note between the two groups of belliger- 
ents; this assimilation, based upon public declarations by the 
Central Powers, is in direct opposition to the evidence, both as regards 
responsibility for the past and as concerns guarantees for the future ; 
President Wilson in mentioning it certainly had no intention of asso- 
ciating himself with it. 

1 ' If there is an historical fact established at the present date, it is 
the willful aggression of Germany and Austria-Hungary to insure 
their hegemony over Europe and their economic domination over the 
world. Germany proved by her declaration of war. by the immediate 
violation of Belgium and Luxemburg and by her manner of conduct- 
ing the war, her simulating contempt for all principles of humanity 



294 DIPLOMATIC CORRESPONDENCE BETWEEN 

and all respect for small states ; as the conflict developed the attitude 
of the Central Powers and their Allies has been a continual defiance 
of humanity and civilization. Is it necessary to recall the horrors 
which accompanied the invasion of Belgium and of Servia, the atro- 
cious regime imposed upon the invaded countries, the massacre of 
hundreds of thousands of inoffensive Armenians, the barbarities per- 
petrated against the populations of Syria, the raids of Zeppelins on 
open towns, the destruction by submarines of passenger steamers and 
of merchantmen even under neutral flags, the cruel treatment inflicted 
upon prisoners of war, the juridical murders of Miss Cavell, of Cap- 
tain Fryatt, the deportation and the reduction to slavery of civil 
populations, et cetera? The execution of such a series of crimes 
perpetrated without any regard for universal reprobation fully ex- 
plains to President Wilson the protest of the Allies. 

' ' They consider that the note which they sent to the United States 
in reply to the German note will be a response to the questions put by 
the American Government, and according to the exact words of the 
latter, constitute 'a public declaration as to the conditions upon which 
the war could be terminated.' 

''President Wilson desires more: he desires that the belligerent 
powers openly affirm the objects which they seek by continuing the 
war; the Allies experience no difficulty in replying to this request. 
Their objects in the war are well known ; they have been formulated 
on many occasions by the chiefs of their divers Governments. Their 
objects in the war will not be made known in detail with all the 
equitable compensations and indemnities for damages suffered until 
the hour of negotiations. But the civilized world knows that they 
imply in all necessity and in the first instance the restoration of Bel- 
gium, of Servia, and of Montenegro and the indemnities which are due 
them; the evacuation of the invaded territories of France, of Rus- 
sia and of Roumania with just reparation ; the reorganization of Eu- 
rope, guaranteed by a stable regime and founded as much upon respect 
of nationalities and full security and liberty, economic development, 
which all nations, great or small, possess, as upon territorial conven- 
tions and international agreements suitable to guarantee territorial 
and maritime frontiers against unjustified attacks ; the restitution of 
provinces or territories wrested in the past from the Allies by force 
or against the will of their populations, the liberation of Italians, of 
Slavs, of Roumanians and of Tcheco Slovaques from foreign domina- 
tion; the enfranchisement of populations subject to the bloody tyr- 
anny of the Turks ; the expulsion from Europe of the Ottoman Empire 
decidedly (* * *) 1 to western civilization. The intentions of His 
Majesty the Emperor of Russia regarding Poland have been clearly 
indicated in the proclamation which he has just addressed to his 
armies. It goes without saying that if the Allies wish to liberate 
Europe from the brutal covetousness of Prussian militarism, it never 
has been their design, as has been alleged, to encompass the extermi- 
nation of the German peoples and their political disappearance. That 
1 Apparent omission. 



THE UNITED STATES AND GERMANY 295 

which they desire above all is to insure a peace upon the principles of 
liberty and justice, upon the inviolable fidelity to international 
obligation with which the Government of the United States has never 
ceased to be inspired. 

"United in the pursuits of this supreme object the Allies are deter- 
mined, individually and collectively, to act with all their power and to 
consent to all sacrifices to bring to a victorious close a conflict upon 
which they are convinced not only their own safety and prosperity 
depends but also the future of civilization itself." 

Sharp. 



Memorandum from British Embassy. 1 

Foreign Office, 
London, January 13, 1917. 

Sir: In sending you a translation of the Allied Note I desire to 
make the following observations, which you should bring to the notice 
of the United States Government. 

I gather from the general tenor of the President's note that 
while he is animated by an intense desire that peace should come 
soon and that when it comes it should be lasting, he does not for the 
moment at least concern himself with the terms on which it should 
be arranged. His Majesty's Government entirely share the Presi- 
dent's ideas, but they feel strongly that the durability of peace must 
largely depend on its character and that no stable system of inter- 
national relations can be built on foundations which are essentially 
and hopelessly defective. 

This becomes clearly apparent if we consider the main conditions 
which rendered possible the calamities from which the world is now 
suffering. These were the existence of great powers consumed with 
the lust of domination in the midst of a community of nations ill 
prepared for defense, plentifully supplied indeed with international 
laws, but with no machinery for enforcing them and weakened by the 
fact that neither the boundaries of the various States nor their in- 
ternal constitution harmonized with the aspirations of their con- 
stituent races or secured to them just and equal treatment. 

That this last evil would be greatly mitigated if the Allies secured 
the changes in the map of Europe outlined in their joint note is 
manifest, and I need not labour the point. 

It has been argued, indeed, that the expulsion of the Turks from 
Europe forms no proper or logical part of this general scheme. The 

1 Received at the Department of State from the British Ambassador January 
16, 1917. 



296 DIPLOMATIC CORRESPONDENCE BETWEEN 

maintenance of the Turkish Empire was, during many generations, 
regarded by statesmen of world-wide authority as essential to the 
maintenance of European peace. Why, it is asked, should the cause 
of peace be now associated with a complete reversal of this traditional 
policy ? 

The answer is that circumstances have completely changed. It 
is unnecessary to consider now whether the creation of a reformed 
Turkey, mediating between hostile races in the Near East, was a 
scheme which, had the Sultan been sincere and the Powers united, 
could ever have been realized. It certainly can not be realized now. 
The Turkey of ' ' Union and Progress " is at least as barbarous and is 
far more aggressive than the Turkey of Sultan Abdul Hamid. In 
the hands of Germany it has ceased even in appearance to be a bulwark 
of peace and is openly used as an instrument of conquest. Under 
German officers Turkish soldiers are now fighting in lands from which 
they had long been expelled, and a Turkish Government, controlled, 
subsidized and supported by Germany, has been guilty of massacres 
in Armenia and Syria more horrible than any recorded in the history 
even of those unhappy countries. Evidently the interests of peace 
and the claims of nationality alike require that Turkish rule over 
alien races shall if possible be brought to an end; and we may 
hope that the expulsion of Turkey from Europe will contribute as 
much to the cause of peace as the restoration of Alsace-Lorraine to 
France, of Italia Irredenta to Italy, or of any of the other territorial 
changes indicated in the Allied Note. 

Evidently, however, such territorial rearrangements, though they 
may diminish the occasions of war, provide no sufficient security 
against its recurrence. If Germany, or rather those in Germany 
who mold its opinions and control its destinies, again set out to 
domineer the world, they may find that by the new order of things 
the adventure is made more difficult, but hardly that it is made im- 
possible. They may still have ready to their hand a political system 
organised through and through on a military basis; they may still 
accumulate vast stores of military equipment; they may still persist 
in their methods of attack, so that their more pacific neighbours 
will be struck down before they can prepare themselves for defense. 
If so, Europe when the war is over will be far poorer in men, in 
money, and in mutual good will than it was when the war began 
but it will not be safer; and the hopes for the future of the world 
entertained by the President will be as far as ever from fulfilment. 

There are those who think that for this disease International 



THE UNITED STATES AND GERMANY 297 

Treaties and International Laws may provide a sufficient cure. But 
such persons have ill learned the lessons so clearly taught by recent 
history. While other nations, notably the United States of America 
and Britain, were striving by treaties of arbitration to make sure that 
no chance quarrel should mar the peace they desired to make per- 
petual, Germany stood aloof. Her historians and philosophers 
preached the splendors of war, power was proclaimed as the true end 
of the State, and the General Staff forged with untiring industry the 
weapons by which at the appointed moment power might be achieved. 
These facts proved clearly enough that Treaty arrangements for 
maintaining peace were not likely to find much favour at Berlin; 
they did not prove that such Treaties once made would be utterly 
ineffectual. This became evident only when war had broken out, 
though the demonstration, when it came, was overwhelming. So long 
as Germany remains the Germany which without a shadow of justi- 
fication overran and barbarously ill-treated a country it was pledged 
to defend, no State can regard its rights as secure if they have no bet- 
ter protection than a solemn Treaty. 

The case is made worse by the reflection that these methods of cal- 
culated brutality were designed by the Central Powers not merely 
to crush to the dust those with whom they were at war but to intimi- 
date those with whom they were still at peace. Belgium was not only 
a victim, it was an example. Neutrals were intended to note the 
outrages which accompanied its conquest, the reign of terror which 
followed on its occupation, the deportation of a portion of its popu- 
lation, the cruel oppression of the remainder. And lest the nations 
happily protected either by British Fleets or by their own from 
German Armies should suppose themselves safe from German methods, 
the submarine has (within its limits) assiduously imitated the bar- 
barous practices of the sister service. The War Staffs of the Central 
Powers are well content to horrify the world if at the same time they 
can terrorize it. 

If then the Central Powers succeed, it will be to methods like 
these that they will owe their success. How can any reform of Inter- 
national relations be based on a peace thus obtained? Such a peace 
would represent the triumph of all the forces which make war certain 
and make it brutal. It would advertise the futility of all the methods 
on which civilization relies to eliminate the occasions of International 
dispute and to mitigate their ferocity. Germany and Austria made 
the present war inevitable by attacking the rights of one small State, 
and they gained their initial triumphs by violating the Treaty guar- 



298 DIPLOMATIC CORRESPONDENCE BETWEEN 

antees of the territories of another. Are small States going to find 
in them their future protectors or in Treaties made by them a bul- 
wark against aggression ? Terrorism by land and sea will have proved 
itself the instrument of victory. Are the victors likely to abandon 
it on the appeal of neutrals'? If existing Treaties are no more than 
scraps of paper, can fresh Treaties help us? If the violation of the 
most fundamental canons of International Law be crowned with suc- 
cess, will it not be in vain that the assembled nations labor to improve 
their code? None will profit by their rules but Powers who break 
them. It is those who keep them that will suffer. 

Though, therefore, the people of this country share to the full 
the desire of the President for peace, they do not believe peace can be 
durable if it be not based on the success of the Allied cause. For a 
durable peace can hardly be expected unless three conditions are ful- 
filled. The first is that existing causes of international unrest should 
be, as far as possible, removed or weakened. The second is that the 
aggressive aims and the unscrupulous methods of the Central Powers 
should fall into disrepute among their own peoples. The third is 
that behind international law and behind all Treaty arrangements for 
preventing or limiting hostilities some form of international sanction 
should be devised which would give pause to the hardiest aggressor. 
These conditions may be difficult of fulfilment. But we believe 
them to be in general harmony with the President's ideas and we are 
confident that none of them can be satisfied, even imperfectly, unless 
peace can be secured on the general lines indicated (so far as Europe 
is concerned) in the joint note. Therefore it is that this country has 
made, is making, and is prepared to make sacrifices of blood and 
treasure unparalleled in its history. It bears these heavy burdens 
not merely that it may thus fulfil its Treaty obligations nor yet that 
it may secure a barren triumph of one group of nations over another. 
It bears them because it firmly believes that on the success of the Allies 
depend the prospects of peaceful civilization and of those Inter- 
national reforms which the best thinkers of the New World, as of 
the Old, dare to hope may follow on the cessation of our present 
calamities. 

I am, etc., 

(Signed) Arthur James Balfour. 

His Excellency, 

The Right Honourable, 

Sir Cecil Spring Rice, G. C. M. G„ etc., etc., etc. 



THE UNITED STATES AND GERMANY 299 

Part XXIV. 

SEVERANCE OF DIPLOMATIC RELATIONS BETWEEN 
THE UNITED STATES AND GERMANY. 



The German Ambassador to the Secretary of State. 

[Translation.] 

German Embassy, 
Washington, January 31, 1917. 
Mr. Secretary of State: 

Your Excellency were good enough to transmit to the Imperial 
Government a copy of the message which the President of the United 
States of America addressed to the Senate on the 22d inst. The 
Imperial Government has given it the earnest consideration which 
the President's statements deserve, inspired as they are by a deep 
sentiment of responsibility. It is highly gratifying to the Imperial 
Government to ascertain that the main tendencies of this important 
statement correspond largely to the desires and principles professed 
by Germany. These principles especially include selfgovernment and 
equality of rights for all nations. Germany would be sincerely glad 
if in recognition of this principle countries like Ireland and India, 
which do not enjoy the benefits of political independence, should now 
obtain their freedom. The German people also repudiate all alli- 
ances which serve to force the countries into a competition for might 
and to involve them in a net of selfish intrigues. On the other hand 
Germany will gladly cooperate in all efforts to prevent future wars. 
The freedom of the seas, being a preliminary condition of the free 
existence of nations and the peaceful intercourse between them, as 
well as the open door for the commerce of all nations, has always 
formed part of the leading principles of Germany's political pro- 
gram. All the more the Imperial Government regrets that the atti- 
tude of her enemies who are so entirely opposed to peace makes it 
impossible for the world at present to bring about the realization 
of these lofty ideals. Germany and her allies were ready to enter 
now into a discussion of peace and had set down as basis the guar- 
anty of existence, honor, and free development of their peoples. Their 
aims, as has been expressly stated in the note of December 12, 1916, 
were not directed towards the destruction or annihilation of their 
enemies and were, according to their conviction, perfectly compatible 
with the rights of the other nations. As to Belgium, for which such 
warm and cordial sympathy is felt in the United States, the Chan- 
cellor had declared only a few weeks previously that its annexation 
had never formed part of Germany's intentions. The peace to be 
signed with Belgium was to provide for such conditions in that 
country, with which Germany desires to maintain friendly neigh- 
borly relations, that Belgium should not be used again by Germany's 



300 DIPLOMATIC CORRESPONDENCE BETWEEN 

enemies for the purpose of instigating continuous hostile intrigues. 
Such precautionary measures are all the more necessary, as Ger- 
many's enemies have repeatedly stated not only in speeches delivered 
by their leading men but also in the statutes of the economical con- 
ference in Paris that it is their intention not to treat Germany as 
an equal, even after peace has been restored, but to continue their 
hostile attitude and especially to wage a systematical economical war 
against her. 

The attempt of the four allied powers to bring about peace has 
failed owing to the lust of conquest of their enemies, who desired 
to dictate the conditions of peace. Under the pretense of following 
the principle of nationality our enemies have disclosed their real 
aims in this war, viz., to dismember and dishonor Germany, Austria- 
Hungary, Turkey, and Bulgaria. To the wish of reconciliation they 
oppose the will of destruction. They desire a fight to the bitter end. 

A new situation has thus been created which forces Germany to 
new decisions. Since two years and a half England is using her 
naval power for a criminal attempt to force Germany into submis- 
sion by starvation. In brutal contempt of International Law the 
group of Powers led by England does not only curtail the legitimate 
trade of their opponents but they also by ruthless pressure compel 
neutral countries either to altogether forego every trade not agree- 
able to the Entente-Powers or to limit it according to their arbitrary 
decrees. The American Government knows the steps which have 
been taken to cause England and her allies to return to the rules 
of International Law and to respect the freedom of the seas. The 
English Government, however, insists upon continuing its war of 
starvation, which does not at all affect the military power of its 
opponents, but compels women and children, the sick and the aged 
to suffer for their country pains and privations which endanger the 
vitality of the nation. Thus British tyranny mercilessly increases 
the sufferings of the world indifferent to the laws of humanity, 
indifferent to the protests of the Neutrals whom they severely harm, 
indifferent even to the silent longing for peace among England's own 
allies. Each day of the terrible struggle causes new destruction, new 
sufferings. Each day shortening the war will, on both sides, pre- 
serve the life of thousands of brave soldiers and be a benefit to 
mankind. 

The Imperial Government could not justify before its own con- 
science, before the German people and before history the neglect 
of any means destined to bring about the end of the war. Like the 
President of the United States, the Imperial Government had hoped 
to reach this goal by negotiations. After the attempts to come to 
an understanding with the Entente-Powers have been answered by 
the latter with the announcemet of an intensified continuation of 
the war, the Imperial Government — in order to serve the welfare of 
mankind in a higher sense and not to wrong its own people — is now 
compelled to continue the fight for existence, again forced upon it, 
with the full employment of all the weapons which are at its disposal. 



THE UNITED STATES AND GERMANY 301 

Sincerely trusting that the people and Government of the United 
States will understand the motives for this decision and its necessity, 
the Imperial Government hopes that the United States may view 
the new situation from the lofty heights of impartiality and assist, 
on their part, to prevent further misery and avoidable sacrifice of 
human life. 

Inclosing two memoranda regarding the details of the contem- 
plated military measures at sea, I remain, etc., 

(Signed) J. Bernstorff. 



[Inclosure 1.] 



MEMORANDUM. 



After bluntly refusing Germany's peace offer, the Entente-Powers 
stated in their note addressed to the American Government that they 
are determined to continue the war in order to deprive Germany 
of German provinces in the West and the East, to destroy Austria- 
Hungary and to annihilate Turkey. In waging war with such aims, 
the Entente- Allies are violating all rules of International Law, as they 
prevent the legitimate trade of Neutrals with the Central Powers, 
and of the Neutrals among themselves. Germany has, so far, not 
made unrestricted use of the weapon which she possesses in her sub- 
marines. Since the Entente-Powers, however, have made it impos- 
sible to come to an understanding based upon equality of rights of 
all nations, as proposed by the Central Powers, and have instead 
declared only such a peace to be possible which shall be dictated 
by the Entente- Allies and shall result in the destruction and humili- 
ation of the Central Powers, Germany is" unable further to forego the 
full use of her submarines. The Imperial Government, therefore, does 
not doubt that the Government of the United States will understand 
the situation thus forced upon Germany by the Entente- Allies' brutal 
methods of war and by their determination to destroy the Central 
Powers, and that the Government of the United States will further 
realize that the now openly disclosed intentions of the Entente- 
Allies give back to Germany the freedom of the action which she 
reserved in her note addressed to the Government of the United 
States on May 4, 1916. 

Under these circumstances Germany will meet the illegal measures 
of her enemies by forcibly preventing after February 1, 1917, in a 
zone around Great Britain, France, Italy, and in the Eastern Medi- 
terranean all navigation, that of neutrals included, from and to Eng- 
land and from and to France, etc., etc. All ships met within that 
zone will be sunk. 

The Imperial Government is confident that this measure will result 
in a speedy termination of the war and in the restoration of peace 
which the Government of the United States has so much at heart. 
Like the Government of the United States, Germany and her allies 



302 DIPLOMATIC CORRESPONDENCE BETY/EEN 

had hoped to reach this goal by negotiations. Now that the war, 
through the fault of Germany's enemies, has to be continued, the 
Imperial Government feels sure that the Government of the United 
States will understand the necessity of adopting such measures and 
are destined to bring about a speedy end of the horrible and useless 
bloodshed. The Imperial Government hopes all the more for such an 
understanding of her position, as the neutrals have under the pressure 
of the Entente-Powers, suffered great losses, being forced by them 
either to give up their entire trade or to limit it according to condi- 
tions arbitrarily determined by Germany's enemies in violation of 
International Law. 



[Inclosure 2.] 

MEMORANDUM. 

From February 1, 1917, all sea traffic will be stopped with every 
available weapon and without further notice in the following blockade 
zones around Great Britain, France, Italy, and in the Eastern Medi- 
terranean. 

In the North: The zone is confined by a line at a distance of 20 
seamiles along the Dutch coast to Terschelling fire ship, the degree of 
longitude from Terschelling fire ship to Udsire, a line from there 
across the point 62 degrees north degrees longitude to 62 degrees 
north 5 degrees west, further to a point 3 seamiles south of the south- 
ern point of the Faroe Islands, from there across point 62 degrees 
north 10 degrees west to 61 degrees north 15 degrees west, then 57 
degrees north 20 degrees west to 47 degrees north 20 degrees west, 
further to 43 degrees north, 15 degrees west, then along the degree of 
latitude 43 degrees north to 20 seamiles from Cape Finisterre and at 
a distance of 20 seamiles along the north coast of Spain to the French 
boundary. 

In the South: The Mediterranean. 

For neutral ships remains open: the sea west of the line Pt. 
del'Espiquette to 38 degrees 20 minutes north and 6 degrees east, 
also north and west of a zone 61 seamiles wide along the Northafrican 
coast, beginning at 2 degrees longitude west. For the connection of 
this sea zone with Greece there is provided a zone of a width of 20 
seamiles north and east of the following lines : 38 degrees north and 6 
degrees east to 38 degrees north and 10 degrees east to 37 degrees 
north and 11 degrees 30 minutes east to 34 degrees north and 11 
degrees 30 minutes east to 34 degrees north and 22 degrees 30 
minutes east. 

From there leads a zone 20 seamiles wide west of 22 degrees 30 
minutes eastern longitude into Greek territorial waters. 

Neutral ships navigating these blockade zones do so at their own 
risk. Although care has been taken, that neutral ships which are on 
their way toward ports of the blockade zones on February 1, 1917, 



THE UNITED STATES AND GERMANY 303 

and have come in the vicinity of the latter, will be spared during a 
sufficiently long period it is strongly advised to warn them with all 
available means in order to cause their return. 

Neutral ships which on February 1 are in ports of the blockaded 
zones, can, with the same safety, leave them if they sail before Febru- 
ary 5, 1917, and take the shortest route into safe waters. 

The instructions given to the commanders of German submarines 
provide for a sufficiently long period during which the safety of 
passengers on unarmed enemy passenger ships is guaranteed. 

Americans, enroute to the blockade zone on enemy freight steamers, 
are not endangered, as the enemy shipping firms can prevent such 
ships in time from entering the zone. 

Sailing of regular American passenger steamers may continue un- 
disturbed after February 1, 1917, if 

(a) the port of destination is Falmouth 

(b) sailing to or coming from that port course is taken via the 
Seilly Islands and a point 50 degrees north 20 degrees west 

(c) the steamers are marked in the following way which must 
not be allowed to other vessels in American ports: On ships' 
hull and superstructure 3 vertical stripes 1 meter wide each 
to be painted alternately white and red. Each mast should 
show a large flag checkered white and red, and the stern the 
American national flag. 

Care should be taken that, during dark, national flag 
and painted marks are easily recognizable from a distance 
and that the boats are well lighted throughout. 

(d) one steamer a week sails in each direction with arrival at 
Falmouth on Sunday and departure from Falmouth on 
Wednesday 

(e) The United States Government guarantees that no contra- 
band (according to German contraband list) is carried by 
those steamers. 



The Secretary of State to tlie German Ambassador. 

Department of State, 
Washington, February 3, 1917. 
Excellency : 

In acknowledging the note with accompanying memoranda, which 
you delivered into my hands on the afternoon of January 31st, and 
which announced the purpose of your Government as to the future 
conduct of submarine warfare, I would direct your attention to the 
following statements appearing in the correspondence which has 



304 DIPLOMATIC CORRESPONDENCE BETWEEN 

passed between the Government of the United States and the Imperial 
German Government in regard to submarine warfare. 

This Government on April 18, 1916, in presenting the case of the 
Sussex declared — 

"If it is still the purpose of the Imperial Government to prosecute 
relentless and indiscriminate warfare against vessels of commerce by 
the use of submarines without regard to what the Government of the 
United States must consider the sacred and indisputable rules of 
international law and the universally recognized dictates of humanity, 
the Government of the United States is at last forced to the conclusion 
that there is but one course it can pursue. Unless the Imperial Gov- 
ernment should now immediately declare and effect an abandonment of 
its present methods of submarine warfare against passenger and 
freight-carrying vessels, the Government of the United States can have 
no choice but to sever diplomatic relations with the German Empire 
altogether. ' ' 

In reply to the note from which the above declaration is quoted 
Your Excellency's Government stated in a note dated May 4, 1916: 

"The German Government, guided by this idea, notifies the Gov- 
ernment of the United States that the German naval forces have 
received the following orders: In accordance with the general prin- 
ciples of visit and search and destruction of merchant vessels recog- 
nized by international law, such vessels, both within and without the 
area declared as naval war zone, shall not be sunk without warning 
and without saving human lives, unless these ships attempt to escape 
or offer resistance. 

"But neutrals cannot expect that Germany, forced to fight for 
her existence, shall, for the sake of neutral interests, restrict the use 
of an effective weapon if her enemy is permitted to continue to apply 
at will methods of warfare violating the rules of international law. 
Such a demand would be incompatible with the character of neu- 
trality, and the German Government is convinced that the Govern- 
ment of the United States does not think of making such a demand, 
knowing that the Government of the United States has repeatedly 
declared that it is determined to restore the principle of the freedom 
of the seas, from whatever quarter it has been violated." 

To this reply this Government made answer on May 8, 1916, in 
the following language : 

"The Government of the United States feels it necessary to state 
that it takes it for granted that the Imperial German Government does 
not intend to imply that the maintenance of its newly announced 
policy is in any way contingent upon the course or result of diplomatic 
negotiations between the Government of the United States and any 
other belligerent Government, notwithstanding the fact that certain 
passages in the Imperial Government's note of the 4th instant might 



THE UNITED STATES AND GERMANY 305 

appear to be susceptible of that construction. In order, however, 
to avoid any possible misunderstanding, the Government of the United 
States notifies the Imperial Government that it cannot for a moment 
entertain, much less discuss, a suggestion that respect by German 
naval authorities for the rights of citizens of the United States upon 
the high seas should in any way or in the slightest degree be made 
contingent upon the conduct of any other Government affecting 
the rights of neutrals and noncombatants. Responsibility in such 
matters is single, not joint; absolute, not relative." 

To this Government's note of May 8th no reply was made by the 
Imperial Government. 

In one of the memoranda accompanying the note under acknowl- 
edgment, after reciting certain alleged illegal measures adopted by 
Germany's enemies, this statement appears: 

"The Imperial Government, therefore, does not doubt that the 
Government of the United States will understand the situation thus 
forced upon Germany by the Entente-Allies' brutal methods of war 
and by their determination to destroy the Central Powers, and that 
the Government of the United States will further realize that the 
now openly disclosed intentions of the Entente-Allies give back to 
Germany the freedom of action which she reserved in her note ad- 
dressed to the Government of the United States on May 4, 1916. 

"Under these circumstances Germany will meet the illegal meas- 
ures of her enemies by forcibly preventing, after February 1 1917 
m a zone around Great Britain, France, Italy, and in the eastern 
Mediterranean all navigation, that of neutrals included, from and to 
England and from and to France, etc., etc. All ships met within 
the zone will be sunk." 

In view of this declaration, which withdraws suddenly and with- 
out prior intimation the solemn assurance given in the Imperial Gov- 
ernment's note of May 4, 1916, this Government has no alternative 
consistent with the dignity and honor of the United States but to take 
the course which it explicitly announced in its note of April 18 1916 
it would take in the event that the Imperial Government did not 
declare and effect an abandonment of the methods of submarine war- 
fare then employed and to which the Imperial Government now pur- 
pose again to resort. 

The President has, therefore, directed me to announce to Your 
Excellency that all diplomatic relations between the United States and 
the German Empire are severed, and that the American ambassador 
at Berlin will be immediately withdrawn, and in accordance with such 
announcement to deliver to Your Excellency your passports. 

I have, etc., Robert Lansing. 



306 DIPLOMATIC CORRESPONDENCE BETWEEN 

ADDRESS OF THE PRESIDENT OF THE UNITED STATES, 
DELIVERED AT A JOINT SESSION OF THE TWO 
HOUSES OF CONGRESS, FEBRUARY 3, 1917. 

Gentlemen of the Congress: 

The Imperial German Government on the thirty-first of January- 
announced to this Government and to the governments of the other 
neutral nations that on and after the first day of February, the 
present month, it would adopt a policy with regard to the use of 
submarines against all shipping seeking to pass through certain 
designated areas of the high seas to which it is clearly my duty to 
call your attention. 

Let me remind the Congress that on the eighteenth of April last, 
in view of the sinking on the twenty-fourth of March of the cross- 
channel passenger steamer Sussex by a German submarine, without 
summons or warning, and the consequent loss of the lives of several 
citizens of the United States who were passengers aboard her, this 
Government addressed a note to the Imperial German Government 
in which it made the following declaration : 

"If it is still the purpose of the Imperial Government to prosecute 
relentless and indiscriminate warfare against vessels of commerce by 
the use of submarines without regard to what the Government of 
the United States must consider the sacred and indisputable rules 
of international law and the universally recognized dictates of 
humanity, the Government of the United States is at last forced to 
the conclusion that there is but one course it can pursue. Unless 
the Imperial Government should, now immediately declare and effect 
an abandonment of its present methods of submarine warfare against 
passenger and freight-carrying vessels, the Government of the United 
States can have no choice but to sever diplomatic relations with the 
German Empire altogether." 

In reply to this declaration the Imperial German Government 
gave this Government the following assurance : 

"The German Government is prepared to do its utmost to confine 
the operations of war for the rest of its duration to the fighting 
forces of the belligerents, thereby also insuring the freedom of the 
seas, a principle upon which the German Government believes, now 
as before, to be in agreement with the Government of the United 
States. 

"The German Government, guided by this idea, notifies the Gov- 
ernment of the United States that the German naval forces have re- 



THE UNITED STATES AND GERMANY 307 

ceiyed the following orders: In accordance with the general prin- 
ciples of visit and search and destruction of merchant vessels recog- 
nized by international law, such vessels, both within and without 
the area declared as naval war zone, shall not be sunk without warning 
and without saving human lives, unless these ships attempt to escaDe 
or offer resistance. 

* Jx? U K' !t ad - ded} " neutrals can not expect that Germany, forced to 
fight for her existence, shall, for the sake of neutral interest, restrict 
tne use of an effective weapon if her enemy is permitted to continue 
to apply at will methods of warfare violating the rules of interna- 
tional law. Such a demand would be incompatible with the char- 
acter of neutrality, and the German Government is convinced that 
the Government of the United States does not think of making such 
a demand, knowing that the Government of the United States has 
repeatedly declared that it is determined to restore the principle of 
the freedom of the seas, from whatever quarter it has been violated." 

To this the Government of the United States replied on the eighth 
of May, accepting, of course, the assurances given, but adding. 

''The Government of the United States feels it necessary to state 
that it takes it for granted that the Imperial German Government 
does not intend to imply that the maintenance of its newly announced 
policy is m any way contingent upon the course or result of diplo- 
matic negotiations between the Government of the United States 
and any other belligerent Government, notwithstanding the fact that 
certain passages in the Imperial Government's note of the 4th instant 
might appear to be susceptible of that construction. In order how- 
ever to avoid any possible misunderstanding, the Government of 
the United States notifies the Imperial Government that it can not 
for a moment entertain, much less discuss, a suggestion that respect 
by German naval authorities for the rights of citizens of the United 
States upon the high seas should in any way or in the slightest 
degree be made contingent upon the conduct of any other Govern- 
ment affecting the rights of neutrals and noncombatants. Responsi- 
bility m such matters is single, not joint; absolute, not relative." 

To this note of the eighth of May the Imperial German Govern- 
ment made no reply. 

On the thirty-first of January, the Wednesday of the present week, 
the German Ambassador handed to the Secretary of State, along 
with a formal note, a memorandum which contains the following 
statement : 

"The Imperial Government, therefore, does not doubt that the 
Government of the United States will understand the situation thus 
forced upon Germany by the Entente- Allies' brutal methods of war 
and by their determination to destroy the Central Powers, and that 
the Government of the United States will further realize that the now 



308 DIPLOMATIC CORRESPONDENCE BETWEEN 

openly disclosed intentions of the Entente-Allies give back to Ger- 
many the freedom of action which she reserved in her note addressed 
to the Government of the United States on May 4, 1916. 

"Under these circumstances Germany will meet the illegal 
measures of her enemies by forcibly preventing after February 1, 
1917, in a zone around Great Britain, France, Italy, and in the 
Eastern Mediterranean all navigation, that of neutrals included, from 
and to England and from and to France, etc., etc. All ships met 
within the zone will be sunk." 

I think that you will agree with me that, in view of this declara- 
tion, which suddenly and without prior intimation of any kind 
deliberately withdraws the solemn assurance given in the Imperial 
Government's note of the fourth of May, 1916, this Government has 
no alternative consistent with the dignity and honour of the United 
States but to take the course which, in its note of the eighteenth of 
April, 1916, it announced that it would take in the event that the 
German Government did not declare and effect an abandonment of 
the methods of submarine warfare which it was then employing and 
to which it now purposes again to resort. 

I have, therefore, directed the Secretary of State to announce 
to His Excellency the German Ambassador that all diplomatic rela- 
tions between the United States and the German Empire are severed, 
and that the American Ambassador at Berlin will immediately be 
withdrawn; and, in accordance with this decision, to hand to His 
Excellency his passports. 

Notwithstanding this unexpected action of the German Govern- 
ment, this sudden and deeply deplorable renunciation of its assur- 
ances, given this Government at one of the most critical moments of 
tension in the relations of the two governments, I refuse to believe 
that it is the intention of the German authorities to do in fact what 
they have warned us they will feel at liberty to do. I cannot bring 
myself to believe that they will indeed pay no regard to the ancient 
friendship between their people and our own or to the solemn obli- 
gations which have been exchanged between them and destroy Ameri- 
can ships and take the lives of American citizens in the wilful prose- 
cution of the ruthless naval programme they have announced their 
intention to adopt. Only actual overt acts on their part can make 
me believe it even now. 

If this inveterate confidence on my part in the sobriety and prudent 
foresight of their purpose should unhappily prove unfounded; if 
American ships and American lives should in fact be sacrificed by 



THE UNITED STATES AND GERMANY 309 

their naval commanders in heedless contravention of the just and 
reasonable understandings of international law and the obvious dic- 
tates of humanity, I shall take the liberty of coming again before the 
Congress, to ask that authority be given me to use any means that 
may be necessary for the protection of our seamen and our people in 
the prosecution of their peaceful and legitimate errands on the high 
seas. I can do nothing less. I take it for granted that all neutral 
governments will take the same course. 

We do not desire any hostile conflict with the Imperial German 
Government. We are the sincere friends of the German people and 
earnestly desire to remain at peace with the Government which 
speaks for them. We shall not believe that they are hostile to us 
unless and until we are obliged to believe it ; and we purpose nothing 
more than the reasonable defense of the undoubted rights of our 
people. We wish to serve no selfish ends. We seek merely to stand 
true alike in thought and in action to the immemorial principles of 
our people which I sought to express in my address to the Senate 
only two weeks ago, — seek merely to vindicate our right to liberty 
and justice and an unmolested life. These are the bases of peace, 
not war. God grant we may not be challenged to defend them by 
acts of wilful injustice on the part of the Government of Germany! 



The Minister of Switzerland in Charge of German Interests in 
America to the Secretary of State. 

[Translation.] 

Legation of Switzerland, 
Washington, March 23, 1917. 1 
Mr. Secretary of State : 

The Political Department, Division of Foreign Affairs, instructs 
me and I have hereby the honor to notify the Government of the 
United States as follows: 

"The Imperial German Government to-day gave notice of an 
extension of the submarine blockade, according to which it will 
henceforth and without further notice oppose by every means in its 
power any navigation whatsoever of the waters of the Arctic Ocean 
lying east and south of the seventy-fifth degree of latitude north, with 
the exception of the Norwegian territorial waters. Neutral vessels 
navigating that zone would do so at their risk and peril. Steps, how- 

1 Received. 



310 DIPLOMATIC CORRESPONDENCE BETWEEN 

ever, have been taken directing that neutral vessels already on their 
way to ports within the newly prohibited zone or intending to leave 
those ports should not until the 5th of April be attacked without 
previous warning." 

Be pleased, etc., P. Ritter. 



The Minister of Switzerland in Charge of German Interests in 
America to the Secretary of State. 

[Translation.] 

Legation op Switzerland, 
Washington, March 24, 1917. 
Mr. Secretary of State : 

In continuation of my note of yesterday I am asked and I have 
the honor to inform Your Excellency that, according to a telegram 
received this day from the Political Department, the German Govern- 
ment 's notice of the blockade of the Arctic Ocean is to be completed 
as follows: 

"The blockaded waters east of the 24th degree of longitude east 
and south of the seventy-fifth degree of latitude north. ' ' 

Be pleased, etc., P. Ritter. 

Part XXV. 

(1) PROPOSED MODIFICATION OF TREATY OF 1799 CON- 
CERNING THE TREATMENT OF CITIZENS AND PROP- 
ERTY. (2) OFFER TO NEGOTIATE FORMALLY OR 
INFORMALLY WITH THE UNITED STATES, PROVIDED 
BLOCKADE AGAINST ENGLAND IS NOT BROKEN. 



The Minister of Switzerland in Charge of German Interests in 
America to the Secretary of State. 

Legation of Switzerland, 
Washington, February 10, 1917. 
Mr. Secretary of State: 

The German Legation at Berne has communicated the following 
to the Swiss Political Department (Foreign Office) : 

"The American treaty of friendship and commerce of the 
eleventh of July, 1799, provides by Article 23 for the treatment of 
the subjects or citizens of the two States and their property in the 



. THE UNITED STATES AND GERMANY 311 

event of war between the two States. This Article, which is without 
question in full force as regards the relations between the German 
Empire and the United States, requires certain explanations and 
additions on account of the development of international law. The 
German Government therefore proposes that a special arrangement 
be now signed, of which the English text is as follows:" 

"Agreement between Germany and the United States of America 
concerning the treatment of each other's citizens and their private 
property after the severance of diplomatic relations. 

"Article 1). After the severance of diplomatic relations be- 
tween Germany and the United States of America and in the event 
of the outbreak of war between the two powers, the citizens of either 
party and their private property in the territory of the other party 
shall be treated according to article 23 of the treaty of amity and 
commerce between Prussia and the United States, of the 11th of July, 
1799, with the following explanatory and supplementary clauses: 

"Article 2). German merchants in the United States and 
American merchants in Germany shall, so far as the treatment of 
their persons and their property is concerned, be held in every 
respect on a par with the other persons mentioned in article 23. 
They shall accordingly, even after the period provided for in article 
23 has elapsed, be entitled to remain and continue their profession 
in the country of their residence. Merchants as well as the other 
persons mentioned in article 23 may be excluded from fortified 
places and other places of military importance. 

"Article 3). Germans in the United States and Americans in 
Germany shall be free to leave the country of their residence within 
the time and by the routes that shall be assured to them by the 
proper authorities. The persons departing shall be entitled to take 
along their personal property, including money, valuables, and bank 
accounts, excepting such property the exportation of which is pro- 
hibited according to general provisions. 

"Article 4). The protection of Germans in the United States 
and of Americans in Germany and of their property shall be guaran- 
teed in accordance with the laws existing in the countries of either 
party. They shall be under no other restrictions concerning the 
enjoyment of their private rights and the judicial enforcement of 
their rights than neutral residents. They may accordingly not be 
transferred to concentration camps, nor shall their private property 
be subject to sequestration or liquidation or other compulsory aliena- 
tion except in case that under the existing laws apply also to neu- 
trals. As a general rule German property in the United States and 
American property in Germany shall not be subject to sequestration 
or liquidation, or other compulsory alienation under other conditions 
than neutral property. 

"Article 5). Patent rights or other protected rights held by 
Germans in the United States or Americans in Germany shall not 
be declared void, nor shall the exercise of such rights be impeded, nor 
shall such rights be transferred to others without the consent of the 



312 DIPLOMATIC CORRESPONDENCE BETWEEN 

person entitled thereto, provided that regulations made exclusively 
in the interest of the State shall apply. 

"Article 6). Contracts made between Germans and Americans, 
either before or after the severance of diplomatic relations, also 
obligations of all kinds between Germans and Americans, shall not 
be declared cancelled, void, or in suspension, except under pro- 
visions applicable to neutrals. Likewise the citizens of either party 
shall not be impeded in fulfilling their liabilities arising from such 
obligations, either by injunctions or by other provisions, unless these 
apply to neutrals. 

"Article 7). The provisions of the sixth Hague Convention, 
relative to the treatment of enemy merchant ships at the outbreak of 
hostilities, shall apply to the merchant vessels of either party and 
their cargo. The aforesaid ships may not be forced to leave port 
unless at the same time they be given a pass, recognized as binding 
by all the enemy sea powers, to a home port, or a port of an allied 
country, or to another port of the country in which the ship happens 
to be. 

"Article 8). The regulations of chapter 3 of the eleventh Hague 
Convention, relative to certain restrictions in the exercise of the 
right of capture in maritime war, shall apply to the captains, officers, 
and members of the crews of merchant ships specified in article 7, 
and of such merchant ships as may be captured in the course of 
a possible war. 

"Article 9). This agreement shall apply also to the colonies 
and other foreign possessions of either party." 

I am instructed and have the honor to bring the foregoing to 
your Excellency's knowledge and to add that the German Govern- 
ment would consider the arrangement as concluded and act accord- 
ingly as soon as the consent of the American Government shall have 
been communicated to it through the Swiss Government. 

Be pleased, etc., P. Ritter. 



The Secretary of State to tlie Minister of Switzerland in charge of 
German interests in America. 

Department of State, 
Washington, March 20, 1917. 
Sir: I beg to acknowledge the receipt of your note of February 
10th presenting the proposals of the German Government for an 
interpretative and supplementary agreement as to Article 23 of the 
Treaty of 1799. After due consideration, I have to inform you that 
the Government of the United States is not disposed to look with 
favor upon the proposed agreement to alter or supplement the mean- 



THE UNITED STATES AND GERMANY 313 

ing of Article 23 of this Treaty. This position of the Government of 
the United States, which might under other conditions be different, is 
due to the repeated violations by Germany of the Treaty of 1828 and 
the Articles of the Treaties of 1785 and 1799 revived by the Treaty of 
1828. It is not necessary to narrate in detail these violations, for the 
attention of the German Government has been called to the circum- 
stances of each instance of violation, but I may here refer to certain 
of them briefly and in general terms : 

Since the sinking of the American steamer William P. Frye for 
the carriage of contraband, there have been perpetrated by the Ger- 
man naval forces similar unwarranted attacks upon and destruction 
of numerous American vessels for the reason, as alleged, that they 
were engaged in transportation of articles of contraband, notwith- 
standing and in disregard of Article 13 of the Treaty of 1799, that 
"No such articles (of contraband) carried in the vessels or by the 
subjects or citizens of either party to the enemies of the other shall 
be deemed contraband so as to induce confiscation or condemnation 
and a loss of property to individuals, ' ' and that ' * In the case ... of 
a vessel stopped for articles of contraband, if the master of the vessel 
stopped will deliver out the goods supposed to be of contraband 
nature, he shall be admitted to do it, and the vessel shall not in that 
case be carried into any port or further detained, but shall be allowed 
to proceed on her voyage. ' ' 

In addition to the sinking of American vessels, foreign merchant 
vessels carrying American citizens and American property have been 
sunk by German submarines without warning and without any ade- 
quate security for the safety of the persons on board or compensation 
for the destruction of the property by such action, notwithstanding 
the solemn engagement of Article 15 of the Treaty of 1799 that "All 
persons belonging to any vessel of war, public or private, who shall 
molest or insult in any manner whatever the people, vessels, or 
effects of the other party shall be responsible in their persons and 
property for damages and interest, sufficient security for which shall 
be given by all commanders of private armed vessels before they are 
commissioned, ' ' and notwithstanding the further stipulation of Article 
12 of the Treaty of 1785 that "The free intercourse and commerce 
of the subjects or citizens of the party remaining neutral with the 
belligerent powers shall not be interrupted." Disregarding these 
obligations, the German Government has proclaimed certain zones 
of the high seas in which it declared without reservation that all 
ships, including those of neutrals, will be sunk, and in those zones 



314 DIPLOMATIC CORRESPONDENCE BETWEEN 

German submarines have, in fact, in accordance with this declaration, 
ruthlessly sunk merchant vessels and jeopardized or destroyed the 
lives of American citizens on board. 

Moreover, since the severance of relations between the United 
States and Germany, certain American citizens in Germany have been 
prevented from removing freely from the country. While this is not 
a violation of the terms of the treaties mentioned, it is a disregard 
of the reciprocal liberty of intercourse between the two countries in 
time of peace, and cannot be taken otherwise than as an indication of 
a purpose on the part of the German Government to disregard in 
the event of war the similar liberty of action provided for in Article 
23 of the Treaty of 1799 — the very article which it is now proposed 
to interpret and supplement almost wholly in the interest of the large 
number of German subjects residing in the United States and enjoy- 
ing in their persons or property the protection of the United States 
Government. This article provides in effect that merchants of either 
country residing in the other shall be allowed a stated time in which 
to remain to settle their affairs and to "depart freely, carrying off 
all their effects without molestation or hindrance," and women and 
children, artisans and certain others, may continue their respective 
employments and shall not be molested in their persons or property. 
It is now proposed by the Imperial German Government to enlarge 
the scope of this article so as to grant to German subjects and Ger- 
man property remaining in the United States in time of war the same 
treatment in many respects as that enjoyed by neutral subjects and 
neutral property in the United States. 

In view of the clear violations by the German authorities of the 
plain terms of the treaties in question, solemnly concluded on the 
mutual understanding that the obligations thereunder would be faith- 
fully kept; in view, further, of the disregard of the canons of 
international courtesy and the comity of nations in the treatment of 
innocent American citizens in Germany, the Government of the United 
States cannot perceive any advantage which would flow from fur- 
ther engagements, even though they were merely declaratory of 
international law, entered into with the Imperial German Govern- 
ment in regard to the meaning of any of the articles of these treaties, 
or as supplementary to them. In these circumstances, therefore, the 
Government of the United States declines to enter into the special 
protocol proposed by the Imperial Government. 

I feel constrained, in view of the circumstances, to add that this 
Government is seriously considering whether or not the Treaty of 



THE UNITED STATES AND GERMANY 315 

1828 and the revived articles of the treaties of 1785 and 1799 have 
not been in effect abrogated by the German Government's flagrant 
violations of their provisions, for it would be manifestly unjust and 
inequitable to require one party to an agreement to observe its 
stipulations and to permit the other party to disregard them. It 
would appear that the mutuality of the undertaking has been de- 
stroyed by the conduct of the German authorities. 

Accept, etc., Robert Lansing. 



Stateme?it given to the press by the Department of State, February 12, 

1917. 

Department of State, 

February 12, 1917. 

In view of the appearance in the newspapers of February 11 of a 
report that Germany was initiating negotiations with the United 
States in regard to submarine warfare, the Department of State makes 
the following statement : 

A suggestion was made orally to the Department of State late 
Saturday afternoon by the minister of Switzerland that the German 
Government is willing to negotiate with the United States, provided 
that the commercial blockade against England would not be inter- 
fered with. At the request of the Secretary of State, this suggestion 
was made in writing and presented to him by the Swiss Minister Sun- 
day night. The communication is as follows: 

' ' MEMORANDUM. 

"The Swiss Government has been requested by the German Gov- 
ernment to say that the latter is, now as before, willing to negotiate, 
formally or informally, with the United States, provided that the 
commercial blockade against England will not be broken thereby. 

"P. Ritter." 

This memorandum was given immediate consideration and the fol- 
lowing reply was dispatched to-day: 

"My dear Mr. Minister: 

"lam requested by the President to say to you, in acknowledging 
the memorandum which you were kind enough to send me on the 11th 
instant, that the Government of the United States would gladly dis- 
cuss with the German Government any questions it might propose for 
discussion were it to withdraw its proclamation of the 31st of January 
in which, suddenly and without previous intimation of any kind, it 
canceled the assurances which it had given this Government on the 



316 DIPLOMATIC CORRESPONDENCE BETWEEN 

4th of last May, but that it does not feel that it can enter into 
any discussion with the German Government concerning the policy of 
submarine warfare against neutrals which it is now pursuing unless 
and until the German Government renews its assurances of the 4th 
of May and acts upon the assurance. 

"I am, my dear Mr. Minister, etc., 

"Robert Lansing." 
"His Excellency Dr. Paul Ritter, 

"Minister of Switzerland." 

No other interchange on this subject had taken place between this 
Government and any other Government or person. 



Part XXVI. 

DECLARATION OF WAR AGAINST THE IMPERIAL GERMAN 

GOVERNMENT. 



Circular Telegram from the Department of State to all Missions. 

Department of State, 
Washington, April 2, 1917. 
The President addressed the Special Session of Congress this eve- 
ning in regard to the international situation. After briefly reviewing 
the submarine controversy with Germany, he pointed out that the 
present submarine warfare is a . warfare against mankind ; that in 
view of developments armed neutrality is worse than ineffectual and 
is only likely to produce what it was meant to prevent ; that we cannot 
choose the path of submission and are arraying ourselves against 
wrongs which cut to the very roots of human life. With a profound 
sense of the solemn and even tragical character of the step he advised 
the Congress to declare the recent course of the German Government 
to be in effect nothing less than war against the Government and 
people of the United States and proposed that it take immediate 
steps to put the country in a thorough state of defense and employ 
all its power and resources to bring the German Empire to terms and 
end the war. This will involve utmost practicable cooperation ki 
counsel and action with the Governments now at war with Germany; 
the extension of financial credits, material aid, and addition to armed 
forces of at least 500,000 men upon principle of universal military 
service. Legislative proposals along these lines will be promptly in- 



THE UNITED STATES AND GERMANY 317 

trodueed. We have no quarrel with the German people, but only 
with the autocratic government which has brought on the present 
situation. The world must be made safe for democracy, which seems 
to be in the balance. We have no selfish ends to serve. We desire 
no conquest, no dominion; we seek no indemnities for ourselves, no 
material compensation for the sacrifices we shall freely make. We 
are but one of the champions of the rights of mankind. 

The following Joint Resolution was immediately introduced and 
referred to the Foreign Relations and Foreign Affairs Committees 
which meet to-morrow morning for its consideration: 

"Joint Resolution declaring that a state of war exists between the 
Imperial German Government and the Government and people 
of the United States and making provision to prosecute the same. 
"Whereas, the recent acts of the Imperial Government are acts 
of war against the Government and people of the United States: 
"Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the state of 
war between the United States and the Imperial Government which 
has thus been thrust upon the United States is hereby formally de- 
clared ; and, 

"That the President be, and he is hereby authorized and directed 
to take immediate steps not only to put the country in a thorough 
state of defense but also to exert all of its power and employ all of its 
resources to carry on war against the Imperial German Government 
and to bring the conflict to a successful termination." 

Lansing. 



ADDRESS OF THE PRESIDENT OF THE UNITED STATES, 
DELIVERED AT A JOINT SESSION OF THE TWO 
HOUSES OF CONGRESS, APRIL 2, 1917. 

Gentlemen op the Congress: 

I have called the Congress into extraordinary session because there 
are serious, very serious, choices of policy to be made, and made 
immediately, which it was neither right nor constitutionally permis- 
sible that I should assume the responsibility of making. 

On the third of February last I officially laid before you the 
extraordinary announcement of the Imperial German Government 
that on and after the first day of February it was its purpose to 



318 DIPLOMATIC CORRESPONDENCE BETWEEN 

put aside all restraints of law or of humanity and use its sub- 
marines to sink every vessel that sought to approach either the ports 
of Great Britain and Ireland or the western coasts of Europe or 
any of the ports controlled by the enemies of Germany within the 
Mediterranean. That had seemed to be the object of the German 
submarine warfare earlier in the war, but since April of last year 
the Imperial Government had somewhat restrained the commanders 
of its undersea craft in conformity with its promise then given to 
us that passenger boats should not be sunk and that due warning 
would be given to all other vessels which its submarines might seek 
to destroy, when no resistance was offered or escape attempted, and 
care taken that their crews were given at least a fair chance to save 
their lives in their open boats. The precautions taken were meagre 
and haphazard enough, as was proved in distressing instance after 
instance in the progress of the cruel and unmanly business, but a 
certain degree of restraint was observed. The new policy has swept 
every restriction aside. Vessels of every kind, whatever their flag, 
their character, their cargo, their destination, their errand, have been 
ruthlessly sent to the bottom without warning and without thought 
of help or mercy for those on board, the vessels of friendly neutrals 
along with those of belligerents. Even hospital ships and ships 
carrying relief to the sorely bereaved and stricken people of Bel- 
gium, though the latter were provided with safe-conduct through 
the proscribed areas by the German Government itself and were 
distinguished by unmistakable marks of identity, have been sunk 
with the same reckless lack of compassion or of principle. 

I was for a little while unable to believe that such things would in 
fact be done by any government that had hitherto subscribed to the 
humane practices of civilized nations. International law had its 
origin in the attempt to set up some law which would be respected 
and observed upon the seas, where no nation had right of dominion 
and where lay the free highways of the world. By painful stage 
after stage has that law been built up, with meagre enough results, 
indeed, after all was accomplished that could be accomplished, but 
always with a clear view, at least, of what the heart and conscience 
of mankind demanded. This minimum of right the German Gov- 
ernment has swept aside under the plea of retaliation and necessity 
and because it had no weapons which it could use at sea except these 
which it is impossible to employ as it is employing them without 
throwing to the winds all scruples of humanity or of respect for the 



THE UNITED STATES AND GERMANY 319 

understandings that were supposed to underlie the intercourse of the 
world. I am not now thinking of the loss of property involved, 
immense and serious as that is, but only of the wanton and whole- 
sale destruction of the lives of noncombatants, men, women, and 
children, engaged in pursuits which have always, even in the darkest 
periods of modern history, been deemed innocent and legitimate. 
Property can be paid for; the lives of peaceful and innocent people 
cannot be. The present German submarine warfare against com- 
merce is a warfare against mankind. 

It is a war against all nations. American ships have been sunk, 
American lives taken, in ways which it has stirred us very deeply to 
learn of, but the ships and people of other neutral and friendly 
nations have been sunk and overwhelmed in the waters in the same 
way. There has been no discrimination. The challenge is to all 
mankind. Each nation must decide for itself how it will meet it. 
The choice we make for ourselves must be made with a moderation 
of counsel and a temperateness of judgment befitting our character 
and our motives as a nation. We must put excited feeling away. 
Our motive will not be revenge or the victorious assertion of the 
physical might of the nation, but only the vindication of right, of 
human right, of which we are only a single champion. 

When I addressed the Congress on the twenty-sixth of February 
last I thought that it would suffice to assert our neutral rights with 
arms, our right to use the seas against unlawful interference, our 
right to keep our people safe against unlawful violence. But armed 
neutrality, it now appears, is impracticable. Because submarines 
are in effect outlaws when used as the German submarines have been 
used against merchant shipping, it is impossible to defend ships 
against their attacks as the law of nations has assumed that mer- 
chantmen would defend themselves against privateers or cruisers, 
visible craft giving chase upon the open sea. It is common prudence 
in such circumstances, grim necessity indeed, to endeavor to destroy 
them before they have shown their own intention. They must be 
dealt with upon sight, if dealt with at all. The German Govern- 
ment denies the right of neutrals to use arms at all within the areas 
of the sea which it has proscribed, even in the defense of rights which 
no modern publicist has ever before questioned their right to defend. 
The intimation is conveyed that the armed guards which we have 
placed on our merchant ships will be treated as beyond the pale of 
law and subject to be dealt with as pirates would be. Armed neu- 



320 DIPLOMATIC COKRESPONDENCE BETWEEN 

trality is ineffectual enough at best; in such circumstances and in 
the face of such pretensions it is worse than ineffectual: it is likely 
only to produce what it was meant to prevent ; it is practically certain 
to draw us into the war without either the rights or the effectiveness 
of belligerents. There is one choice we cannot make, we are incapable 
of making: we will not choose the path of submission and suffer the 
most sacred rights of our nation and our people to be ignored or 
violated. The wrongs against which we now array ourselves are no 
common wrongs ; they cut to the very roots of human life. 

With a profound sense of the solemn and even tragical character 
of the step I am taking and of the grave responsibilities which it 
involves, but in unhesitating obedience to what I deem my constitu- 
tional duty, I advise that the Congress declare the recent course of 
the Imperial German Government to be in fact nothing less than 
war against the government and people of the United States; that 
it formally accept the status of belligerent which has thus been thrust 
upon it ; and that it take immediate steps not only to put the country 
in a more thorough state of defense but also to exert all its power 
and employ all its resources to bring the Government of the German 
Empire to terms and end the war. 

What this will involve is clear. It will involve the utmost prac- 
ticable cooperation in counsel and action with the governments now 
at war with Germany, and, as incident to that, the extension to those 
governments of the most liberal financial credits, in order that our 
resources may so far as possible be added to theirs. It will involve 
the organization and mobilization of all the material resources of the 
country to supply the materials of war and serve the incidental needs 
of the nation in the most abundant and yet the most economical and 
efficient way possible. It will involve the immediate full equipment 
of the navy in all respects but particularly in supplying it with the 
best means of dealing with the enemy's submarines. It will involve 
the immediate addition to the armed forces of the United States 
already provided for by law in case of war at least five hundred 
thousand men, who should, in my opinion, be chosen upon the prin- 
ciple of universal liability to service, and also the authorization of 
subsequent additional increments of equal force so soon as they may 
be needed and can be handled in training. It will involve also, of 
course, the granting of adequate credits to the Government, sustained, 
I hope, so far as they can equitably be sustained by the present gen- 
eration, by well conceived taxation. 



THE UNITED STATES AND GERMANY 321 

I say sustained so far as may be equitable by taxation because it 
seems to me that it would be most unwise to base the credits which 
will now be necessary entirely on money borrowed. It is our duty, I 
most respectfully urge, to protect our people so far as we may against 
the very serious hardships and evils which would be likely to arise 
out of the inflation which would be produced by vast loans. 

In carrying out the measures by which these things are to be 
accomplished we should keep constantly in mind the wisdom of inter- 
fering as little as possible in our own preparation and in the equip- 
ment of our own military forces with the duty — for it will be a very 
practical duty, — of supplying the nations already at war with Ger- 
many with the materials which they can obtain only from us or by 
our assistance. They are in the field and we should help them in 
every way to be effective there. 

I shall take the liberty of suggesting, through the several execu- 
tive departments of the Government, for the consideration of your 
committees, measures for the accomplishment of the several objects 
I have mentioned. I hope that it will be your pleasure to deal with 
them as having been framed after very careful thought by the branch 
of the Government upon which the responsibility of conducting the 
war and safeguarding the nation will most directly fall. 

While we do these things, these deeply momentous things, let us 
be very clear, and make very clear to all the world what our motives 
and our objects are. My own thought has not been driven from its 
habitual and normal course by the unhappy events of the last two 
months, and I do not believe that the thought of the nation has been 
altered or clouded by them. I have exactly the same things in mind 
now that I had in mind when I addressed the Senate on the twenty- 
second of January last; the same that I had in mind when I ad- 
dressed the Congress on the third of February and on the twenty- 
sixth of February. Our object now, as then, is to vindicate the 
principles of peace and justice in the life of the world as against 
selfish and autocratic power and to set up amongst the really free 
and self-governed peoples of the world such a concert of purpose 
and of action as will henceforth ensure the observance of those 
principles. Neutrality is no longer feasible or desirable where the 
peace of the world is involved and the freedom of its peoples, and 
the menace to that peace and freedom lies in the existence of 
autocratic governments backed by organized force which is controlled 
wholly by their will, not by the will of their people. We have seen 



322 DIPLOMATIC CORRESPONDENCE BETWEEN 

the last of neutrality in such circumstances. We are at the beginning 
of an age in which it will be insisted that the same standards of 
conduct and of responsibility for wrong done shall be observed among 
nations and their governments that are observed among the individual 
citizens of civilized states. 

We have no quarrel with the German people. We have no feeling 
towards them but one of sympathy and friendship. It was not upon 
their impulse that their government acted in entering this war. It 
was not with their previous knowledge or approval. It was a war 
determined upon as wars used to be determined upon in the old, 
unhappy days when peoples were nowhere consulted by their rulers 
and wars were provoked and waged in the interest of dynasties or of 
little groups of ambitious men who were accustomed to use their 
fellow men as pawns and tools. Self -governed nations do not fill their 
neighbor states with spies or set the course of intrigue to bring about 
some critical posture of affairs which will give them an opportunity to 
strike and make conquest. Such designs can be successfully worked 
out only under cover and where no one has the right to ask questions. 
Cunningly contrived plans of deception or aggression, carried, it may 
be, from generation to generation, can be worked out and kept from 
the light only within the privacy of courts or behind the carefully 
guarded confidences of a narrow and privileged class. They are hap- 
pily impossible where public opinion commands and insists upon full 
information concerning all the nation's affairs. 

A steadfast concert for peace can never be maintained except by a 
partnership of democratic nations. No autocratic government could 
be trusted to keep faith within it or observe its covenants. It must 
be a league of honor, a partnership of opinion. Intrigue would eat 
its vitals away; the plottings of inner circles who could plan what 
they would and render account to no one would be a corruption seated 
at its very heart. Only free peoples can hold their purpose and their 
honor steady to a common end and prefer the interests of mankind 
to any narrow interest of their own. 

Does not every American feel that assurance has been added to our 
hope for the future peace of the world by the wonderful and heart- 
ening things that have been happening within the last few weeks in 
Russia? Russia was known by those who knew it best to have been 
always in fact democratic at heart, in all the vital habits of her 
thought, in all the intimate relationships of her people that spoke 
their natural instinct, their habitual attitude towards life. The autoc- 



THE UNITED STATES AND GERMANY 323 

racy that crowned the summit of her political structure, long as it 
had stood and terrible as was the reality of its power, was not in fact 
Russian m origin, character, or purpose; and now it has been shaken 
oft and the great, generous Russian people have been added in all 
their naive majesty and might to the forces that are fighting for 
freedom m the world, for justice, and for peace. Here is a fit partner 
for a League of Honor. 

One of the things that has served to convince us that the Prussian 
autocracy was not and could never be our friend is that from the very 
outset of the present war it has filled our unsuspecting communities 
and even our offices of government with spies and set criminal 
intrigues everywhere afoot against our national unity of counsel, our 
peace within and without, our industries and our commerce. Indeed 
it is now evident that its spies were here even before the war began- 
and it is unhappily not a matter of conjecture but a fact proved in 
our courts of justice that the intrigues which have more than once 
come perilously near to disturbing the peace and dislocating the 
industries of the country have been carried on at the instigation, with 
the support, and even under the personal direction of official agents 
11 Jt £? m * Go ~ nt ac ^dited to the Government of the 
the™ t [ T m CheCking thGSe thingS and tr ^ to extirpate 

uZ T I' S ° Ug ht t0 , PUt the m ° St gener ° US ^erpretation possible 
upon them because we knew that their source lay, not in any hostile 
feeling or purpose of the German people towards us (who were 

Z T^l lgn ° rant ° f them aS We ° llrSelves were )> ^t only in 

told I i Slgn \° f " G ° Vernmen t that did what it pleased and 

old its people nothing. But they have played their part in serving 

LnZ n Z ^ ^ l T that that Gove ™™nt entertains no real 
fn ndship for us and means to act against our peace and security 

tZrtT^T- That H meanS t0 8tir U P enemies gainst us at 
our very doors the intercepted note to the German Minister at Mexico 
Uty is eloquent evidence. 

knn^w . aCCept u ing thi8 chalIen ^ of hostile purpose because we 
l°! r , at m 8 " ch a government, following such methods, we can 

ZZ r a , end '* "^ that in the P resence of its ^ganized 
power always lying m wait to accomplish we know not what pur- 
pose there can be no assured security for the democratic govern- 

S\ ♦ W °w We are n ° W ab0Ut t0 acce Pt gauge of battle 

with this natural foe to liberty and shall, if necessary, spend the 
whole force of the nation to check and nullify its pretensions and 



324 DIPLOMATIC CORRESPONDENCE BETWEEN 

its power. We are glad, now that we see the facts with no veil 
of false pretence about them, to fight thus for the ultimate peace 
of the world and for the liberation of its peoples, the German 
peoples included: for the rights of nations great and small and the 
privilege of men everywhere to choose their way of life and of 
obedience. The world must be made safe for democracy. Its peace 
must be planted upon the tested foundations of political liberty. 
We have no selfish ends to serve. We desire no conquest, no do- 
minion. We seek no indemnities for ourselves, no material com- 
pensation for the sacrifices we shall freely make. We are but one 
of the champions of the rights of mankind. We shall be satisfied 
when those rights have been made as secure as the faith and the 
freedom of nations can make them. 

Just because we fight without rancor and without selfish object, 
seeking nothing for ourselves but what we shall wish to share with 
all free peoples, we shall, I feel confident, conduct our operations 
as belligerents without passion and ourselves observe with proud 
punctilio the principles of right and of fair play we profess to be 
fighting for. 

I have said nothing of the governments allied with the Imperial 
Government of Germany because they have not made war upon us 
or challenged us to defend our right and our honor. The Austro- 
Hungarian Government has, indeed, avowed its unqualified endorse- 
ment and acceptance of the reckless and lawless submarine warfare 
adopted now without disguise by the Imperial German Government, 
and it has therefore not been possible for this Government to re- 
ceive Count Tarnowski, the Ambassador recently accredited to this 
Government by the Imperial and Royal Government of Austria- 
Hungary ; but that Government has not actually engaged in warfare 
against citizens of the United States on the seas, and I take the 
liberty, for the present at least, of postponing a discussion of our 
relations with the authorities at Vienna. We enter this war only 
where we are clearly forced into it because there are no other means 
of defending our rights. 

It will be all the easier for us to conduct ourselves as belligerents 
in a high spirit of right and fairness because we act without animus, 
not in enmity towards a people or with the desire to bring any 
injury or disadvantage upon them, but only in armed opposition to 
an irresponsible government which has thrown aside all considera- 
tions of humanity and of right and is running amuek. We are, let 



THE UNITED STATES AND GERMANY 325 

me say again, the sincere friends of the German people, and shall 
desire nothing so much as the early re-establishment of intimate 
relations of mutual advantage between us,— however hard it may 
be for them, for the time being, to believe that this is spoken from 
our hearts. We have borne with their present government through 
all these bitter months because of that friendship,— exercising a 
patience and forbearance which would otherwise have been impossible. 
We shall, happily, still have an opportunity to prove that friendship 
in our daily attitude and actions towards the millions of men and 
women of German birth and native sympathy who live amongst us 
and share our life, and we shall be proud to prove it towards all 
who are in fact loyal to their neighbors and to the Government in 
the hour of test. They are, most of them, as true and loyal Americans 
as if they had never known any other fealty or allegiance. They 
will be prompt to stand with us in rebuking and restraining the few 
who may be of a different mind and purpose. If there should be 
disloyalty, it will be dealt with with a firm hand of stern repression; 
but, if it lifts its head at all, it will lift it only here and there and 
without countenance except from a lawless and malignant few. 

It is a distressing and oppressive duty, Gentlemen of the Congress, 
which I have performed in thus addressing you. There are, it may 
be, many months of fiery trial and sacrifice ahead of us. It is a 
fearful thing to lead this great peaceful people into war, into the 
most terrible and disastrous of all wars, civilization itself seeming 
to be in the balance. But the right is more precious than peace, and 
we shall fight for the things which we have always carried nearest 
our hearts— for democracy, for the right of those who submit to 
authority to have a voice in their own governments, for the rights 
and liberties of small nations, for a universal dominion of right by 
such a concert of free peoples as shall bring peace and safety to all 
nations and make the world itself at last free. To such a task we 
can dedicate our lives and our fortunes, everything that we are and 
everything that we have, with the pride of those who know that the 
day has come when America is privileged to spend her blood and her 
might for the principles that gave her birth and happiness and the 
peace which she has treasured. God helping her, she can do no other. 



326 DIPLOMATIC CORRESPONDENCE BETWEEN 

WAR WITH THE IMPERIAL GERMAN GOVERNMENT. 

Mr. Flood, from the Committee on Foreign Affairs, submitted the 
following : 

REPORT. 

[To accompany H. J. Res. 24.] 

The Committee on Foreign Affairs, to which was referred the joint 
resolution (H. J. Res. 24) declaring that a state of war exists between 
the Imperial German Government and the Government and people 
of the United States, and making provision to prosecute the same, 
having had the same under consideration, reports it back with amend- 
ment, and recommends that the resolution, as amended, do pass. 

Page 1, strike out all after the title, and insert in lieu thereof the 
following : 

Whereas the Imperial German Government has committed repeated acts of war 
against the Government and people of the United States of America: 
Therefore be it 

Resolved by the Senate and House of Representatives of the United States 
of America in Congress assembled, That the state of war between the United 
States and the Imperial German Government which has thus been thrust upon 
the United States is hereby formally declared; and that the President be, and 
he is hereby, authorized and directed to employ the entire naval and military 
forces of the United States and the resources of this Government to carry on 
war against the Imperial German Government; and to bring the conflict to a 
successful termination all of the resources of the country are hereby pledged by 
the Congress of the United States. 

It is with the deepest sense of responsibility of the momentous 
results which will follow the passage of this resolution that your 
committee reports it to the House, with the recommendation that it 
be passed. 

The conduct of the Imperial German Government toward this 
Government, its citizens, and its interests has been so discourteous, 
unjust, cruel, barbarous, and so lacking in honesty and fair dealing 
that it has constituted a violation of the course of conduct which 
should obtain between friendly nations. 

In addition to this, the German Government is actually making 
war upon the people and the commerce of this country, and leaves 
no course open to this Government but to accept its gauge of battle, 
declare that a state of war exists, and wage that war vigorously. 

On the 31st day of January, 1917, notice was given by the Imperial 
German Government to this Government that after the following 
day- 
Germany will meet the illegal measures of her enemies by forcibly preventing, 
in a zone around Great Britain, France, Italy, and in the eastern Mediterranean, 
all navigation, that of neutrals included, from and to England and from and 
to France, etc. All ships met within that zone will be sunk. 



THE UNITED STATES AND GERMANY 327 

Since that day seven American ships flying the American flag 
have been sunk and between 25 and 30 American lives have been 
lost as a result of the prosecution of the submarine warfare in accord- 
ance with the above declaration. This is war. War waged by the 
Imperial German Government upon this country and its people. 

A brief review of some of the hostile and illegal acts of the German 
Government toward this Government and its officers and its people 
is herewith given. 

Germany's conduct of submarine warfare. 

In the memorial of the Imperial German Government accom- 
panying its proclamation of February 4, 1915, in regard to sub- 
marine warfare, that Government declared — 

. . . the German Navy has received instructions to abstain from all violence 
against neutral vessels recognizable as such. 

In the note of the German Government dated February 16, 1915, 
in reply to the American note of February 10, it was declared that — 

It is very far indeed from the intention of the German Government . . . 
ever to destroy neutral lives and neutral property. . . . The commanders of 
German submarines have been instructed, as was already stated in the note 
of the 4th instant, to abstain from violence to American merchant ships when 
they are recognizable as such. 

Nevertheless the German Government proceeded to carry out its 
plans of submarine warfare and torpedoed the British passenger 
steamer Falaba on March 27, 1915, when one American life was lost, 
attacked the American steamer Cusliing April 28 by airship, and 
made submarine attacks upon the American tank steamer GulfligJit 
May 1, the British passenger liner Lusitania May 7 when 114 Ameri- 
can lives were lost, and the American steamer Nebraskan on May 25, 
in all of which over 125 citizens of the United States lost their lives, 
not to mention hundreds of noncombatants who were lost and hun- 
dreds of Americans and noncombatants whose lives were put in 
jeopardy. 

The British mule boat Armenian was torpedoed on June 28,^ as a 
result of which 20 Americans are reported missing. 

On July 8, 1915, in a note to Ambassador Gerard, arguing in 
defense of its method of warfare and particularly of its submarine 
commander in the Lusitania case, it is stated: 

The Imperial Government therefore repeats the assurances that American 
ships will not be hindered in the prosecution of legitimate shipping and the 
lives of American citizens on neutral vessels shall not be placed in jeopardy. 

In order to exclude any unforeseen dangers to American passenger 
steamers, . . . the German submarines will be instructed to permit the free 
and safe passage of such passenger steamers when made recognizable by special 
markings and notified a reasonable time in advance. 



328 DIPLOMATIC CORRESPONDENCE BETWEEN 

Subsequently the following vessels carrying American citizens 
were attacked by submarines : 

British liner Orduna July 9. 

Russian steamer Leo July 9. 

American steamer Leelanaw July 25. 

British passenger liner Arabic August 19. 

British mule ship Nicosian August 19. 

British steamer Hesperian September 4. 

In these attacks 23 Americans lost their lives, not to mention the 
large number whose lives were placed in jeopardy. 

Following these events, conspicuous by their wantonness and 
violation of every rule of humanity and maritime warfare, the German 
ambassador, by instructions from his Government, on September 1 
gave the following assurances to the Government of the United States : 

Liners will not be sunk by our submarines without warning and without 
safety of the lives of noncombatants, provided that the liners do not try to 
escape or offer resistance. 

On September 9, in a reply as to the submarine attack on the 
Orduna, the German Government renewed these assurances in the 
following language : 

The first attack on the Orduna by a torpedo was not in accordance with the 
existing instructions, which provide that large passenger steamers are to be 
torpedoed only after previous warning and after the rescuing of passengers and 
crew. The failure to observe the instructions was based on an error which is at 
any rate comprehensible and the repetition of which appears to be out of the 
question, in view of the more explicit instructions issued in the meantime. 
Moreover, the commanders of the submarines have been reminded that it is 
their duty to exercise greater care and to observe carefully the orders issued. 

The German Government could not more clearly have stated that 
liners or large passenger steamers would not be torpedoed except 
upon previous warning, and after the passengers and crew had been 
put in places of safety. 

On November 29, the German Government states, in connection 
with the case of the American vessel William P. Frye : 

. . . the German naval forces will sink only such American vessels as are 
loaded with absolute contraband, when the preconditions provided by the declara- 
tion of London are present. In this the German Government quite shares the 
view of the American Government that all possible care must be taken for the 
security of the crew and passengers of a vessel to be sunk. Consequently 
the persons found on board of a vessel may not be ordered into her lifeboats 
except when the general conditions — that is to say, the weather, the condition 
of the sea, and the neighborhood of the coasts — afford absolute certainty that 
the boats will reach the nearest port. 



THE UNITED STATES AND GERMANY 329 

Following this accumulative series of assurances, however, there 
seems to have been no abatement in the rigor of submarine warfare, 
for attacks were made in the Mediterranean upon the American 
steamer Communipaw on December 3, the American steamer Petro- 
lite December 5, the Japanese liner Yasaka Maru December 21, and 
the passenger liner Persia December 30. In the sinking of the Persia 
out of a total of some 500 passengers and crew only 165 were saved. 
Among those lost was an American consul traveling to his post. 

On January 7, eight days after the sinking of the Persia, the 
German Government notified the Government of the United States 
through its ambassador in Washington as follows: 

1. German submarines in the Mediterranean had, from the beginning, orders 
to conduct cruiser warfare against enemy merchant vessels only in accordance 
with the general principles of international law, and in particular measures of 
reprisal, as applied in the war zone around the British Isles, were to be 
excluded. 

2. German submarines are therefore permitted to destroy enemy merchant 
vessels in the Mediterranean — i.e., passenger as well as freight ships as far as they 
do not try to escape or offer resistance — only after passengers and crews have 
been accorded safety. 

Clearly the assurances of the German Government that neutral 
and enemy merchant vessels, passenger as well as freight ships, should 
not be destroyed except upon the passengers and crew being accorded 
safety stood as the official position of the Imperial German Gov- 
ernment. 

On February 16, 1916, the German ambassador communicated to 
the Department of State an expression of regret for the loss of 
American lives on the Lusitania and proposed to pay a suitable 
indemnity. In the course of this note he said : 

Germany has . . . limited her submarine warfare because of her long- 
standing friendship with the United States and because by the sinking of the 
Lusitania, which caused the death of citizens of the United States, the German 
retaliation affected neutrals which was not the intention, as retaliation should 
be confined to enemy subjects. 

On March 1, 1916, the unarmed French passenger steamer Patria, 
carrying a number of American citizens, was attacked without warn- 
ing. On March 9 the Norwegian bark Silius, riding at anchor in 
Havre Rhodes, was torpedoed by an unseen submarine and one of 
the seven Americans on board was injured. On March 16 the Dutch 
passenger steamer Tubantia was sunk in the North Sea by a torpedo. 
On March 16 the British steamer Berwindvale was torpedoed without 
warning off Bantry Island with four Americans on board. On March 
24 the British unarmed steamer Englishman was, after a chase, tor- 
pedoed and sunk by the submarine U 19, as a result of which one 
American on board perished. On March 24 the unarmed French 
cross-channel steamer Sussex was torpedoed without warning, several 



330 DIPLOMATIC CORRESPONDENCE BETWEEN 

of the 24 American passengers being injured. On March 27 the 
unarmed British liner Manchester Engineer was sunk by an explosion 
without prior warning, with Americans on board, and on March 28 
the British steamer Eagle Point, carrying a Hotchkiss gun, which she 
did not use, was chased, overtaken, and sunk by a torpedo after the 
persons on board had taken to the boats. 

The American note of February 10, 1915, stated that should 
German vessels of war — 

destroy on the high seas an American vessel or the lives of American citizens 
it would be difficult for the Government of the United States to view the act 
in any other light than an indefensible violation of neutral rights which it 
would be very hard indeed to reconcile with the friendly relations so happily 
subsisting between the two Governments — 

and that if such a deplorable situation should arise — 

the Government of the United States would be constrained to hold the Imperial 
Government to a strict accountability for such acts of their naval authorities. 

In the American note of May 13, 1915, the Government stated : 

The Imperial Government will not expect the Government of the United 
States to omit any word or act necessary to the performances of its sacred duty 
of maintaining the rights of the United States and its citizens and in safe- 
guarding their free exercise and enjoyment. 

In the note of July 21, 1915, the United States Government said 
that— 

Repetition by the commanders of German naval vessels and acts in contra- 
vention of those rights must be regarded by the Government of the United States, 
when they affect American citizens, as deliberately unfriendly. 

In a communication of April 18, 1916, the American Government 
said: 

If it is still the purpose of the Imperial Government to prosecute relentless 
and indiscriminate warfare against vessels of commerce by the use of submarines 
without regard to what the Government of the United States must consider the 
sacred and indisputable rules of international law and the universally recognized 
dictates of humanity, the Government of the United States is at last forced to 
the conclusion that there is but one course it can pursue. Unless the Imperial 
Government should now immediately declare and effect an abandonment of its 
present methods of submarine warfare against passenger and freight carrying 
vessels the Government of the United States can have no choice but to sever 
diplomatic relations with the German Empire altogether. 

The German Government replied to this communication on May 4, 
1916, giving definite assurances that new orders had been issued to 
the German naval forces "in accordance with the general principles 
of visit and search and the destruction of merchant vessels recog- 



THE UNITED STATES AND GERMANY 331 

nized by international law." And this agreement was substantially 
complied with for many months, but finally, on January 31, 1917, 
notice was given that after the following day — 

Germany will meet the illegal measures of her enemies by forcibly preventing 
in a zone around Great Britain, France, Italy, and in the eastern Mediterranean, 
all navigation, that of neutrals included, from and to England and from and 
to France, etc. All ships met within that zone will be sunk. 

In view of this Government's warning of April 18, 1916, and the 
Imperial German Government's pledge of May 4 of the same year, 
the Government of the United States, on February 3, 1917, stated to 
the Imperial German Government that — 

In view of this declaration, which withdraws suddenly and without prior 
intimation the solemn assurance given in the Imperial Government's note of 
May 4, 1916, this Government has no alternative consistent with the dignity 
and honor of the United States but to take the course which it explicitly 
announced in its note of April 18, 1916, it would take in the event that the 
Imperial Government did not declare and effect an abandonment of the methods 
of submarine warfare then employed and to which the Imperial Government now 
purpose again to resort. 

The President has, therefore, directed me to announce to your excellency that 
all diplomatic relations between the United States and the German Empire are 
severed, and that the American ambassador at Berlin will be immediately 
withdrawn, and, in accordance with such announcement, to deliver to your 
excellency your passports. 

On February 3 one American ship was sunk, and since that date 
six American ships flying the American flag have been torpedoed, 
with a loss of about 13 American citizens. In addition, 50 or more 
foreign vessels of both belligerent and neutral nationality with 
Americans on board have been torpedoed, in most cases without 
warning, with a consequent loss of several American citizens. 



IMPROPER ACTIVITIES OF GERMAN OFFICIALS IN THE UNITED STATES. 

Since the beginning of the war German officials in the United 
States have engaged in many improper activities in violation of the 
laws of the United States and of their obligations as officials in a 
neutral country. Count von Bernstorff, the German ambassador, 
Capt. von Papen, military attache of the embassy, Capt. Boy-Ed, 
naval attache, as well as various consular officers and other officials, 
were involved in these activities, which were very widespread. 

The following instances are chosen at random from the cases which 
have come to the knowledge of the Government. 

I. By direct instructions received from the foreign office in Berlin 
the German Embassy in this country furnished funds and issued 
orders to the Indian independence committee of the Indian Nation- 



332 DIPLOMATIC CORRESPONDENCE BETWEEN 

alist Party in the United States. These instructions were usually 
conveyed to the committee by the military information bureau in 
New York (Von Igel) or by the German consulates in New York and 
San Francisco. 

Dr. Chakrabarty, recently arrested in New York City, received, all 
in all, according to his own admission, some $60,000 from Von Igel. 
He claims that the greater portion of this money was used for defray- 
ing the expenses of the Indian revolutionary propaganda in this 
country, and, as he says, for educational purposes. While this is in 
itself true, it is not all that was done by the revolutionists. They 
have sent representatives to the Far East to stir up trouble in India 
and they have attempted to ship arms and ammunition to India. 
These expeditions have failed. The German Embassy also employed 
Ernest T. Euphrat to carry instructions and information between 
Berlin and Washington under an American passport. 

II. Officers of interned German warships have violatec. their word 
of honor and escaped. In one instance the German consul at Rich- 
mond furnished the money to purchase a boat to enable six warrant 
officers of the steamer Kronprinz Wilhelm to escape after breaking 
their parole. 

III. Under the supervision of Capt. von Papen and Wolf von 
Igel, Hans von Wedell and, subsequently, Carl Ruroede maintained 
a regular office for the procurement of fraudulent passports for 
German reservists. These operations were directed and financed in 
part by Capt. von Papen and Wolf von Igel. Indictments were 
returned, Carl Ruroede sentenced to the penitentiary, and a number 
of German officers fined. Von Wedell escaped and has apparently 
been drowned at sea. Von Wedell's operations were also known to 
high officials in Germany. When Von Wedell became suspicious that 
forgeries committed by him on a passport application had become 
known, he conferred with Capt. von Papen and obtained money from 
him wherewith to make his escape. 

IV. James J. F. Archibald, under cover of an American passport 
and in the pay of the German Government through Ambassador 
Bernstorff, carried dispatches for Ambassador Dumba and otherwise 
engaged in unneutral activities. 

V. Albert Sanders, Charles Wunnonberg, and others, German 
agents in this country, were engaged, among other activities, in 
sending spies to England equipped with American passports, for the 
purpose of securing military information. Several such men have 
been sent Sanders and Wunnonberg have plead guilty to indict- 
ments brought against them in New York City as has George Voux 
Bacon, one of the men sent abroad by them. 

VI. American passports have been counterfeited and counterfeits 
found on German agents. Baron von Cupenberg, a German agent, 
when arrested abroad, bore a counterfeit of an American passport 
issued to Gustav C. Roeder; Irving Guy Ries received an American 
passport, went to Germany, where the police retained his passports 
for 24 hours. Later a German spy named Carl Paul Julius Hensel 



THE UNITED STATES AND GERMANY 333 

was arrested in London with a counterfeit of the Ries passport in his 

P ° S VII Prominent officials of the Hamburg-American Line, who 
under the direction of Capt. Boy-Ed, endeavored to provide German 
warships at sea with coal and other supplies in violation of the 
statutes of the United States, have been tried and convicted and 
sentenced to the penitentiary. Some 12 or more vessels were involved 
in this plan. _ _ _ , ,. ^ 

VIII. Under the direction of Capt. Boy-Ed and the German 
consulate at San Francisco, and in violation of our law, the steam- 
ships Sacramento and Mazatlan carried supplies from San Francisco 
to German war vessels. The Olsen and Mdkoney, which was engaged 
in a similar enterprise, was detained. The money for these ventures 
was furnished by Capt. Boy-Ed. Indictments have been returned m 
connection with these matters against a large number of persons. 

IX Werner Horn, a lieutenant in the German Reserve, was fur- 
nished funds by Capt. Franz von Papen and sent, with dynamite, 
under orders to blow up the International Bridge at Vanceboro, Me. 
He was partially successful. He is now under indictment for the 
unlawful transportation of dynamite on passenger trains and is in 
jail awaiting trial following the dismissal of his appeal by the 

Supreme Court. , ,,, ,.,,,,, -j. £ 

X Capt von Papen furnished funds to Albert Kaltschmidt, ot 
Detroit, who is involved in a plot to blow up a factory at Walker- 
ville, Canada, and the armory at Windsor, Canada. 

XI Robert Fay, Walter Scholtz, and Paul Daeche have been con- 
victed and sentenced to the penitentiary and three others are under 
indictment for conspiracy to prepare bombs and attach them to 
allied ships leaving New York Harbor. Fay, who was the principal 
in this scheme, was a German soldier. He testified that he received 
finances from a German secret agent in Brussels, and told von Papen 
of his plans, who advised him that his device was not practicable, 
but that he should go ahead with it, and if he could make it work he 
would consider it. _ T , 

XII Under the direction of Capt. von Papen and Wolf von lgel, 
Dr Walter T. Scheele, Capt. von Kleist, Capt. Wolpert, of the Atlas 
Steamship Co., and Capt. Rode, of the Hamburg-American Line 
manufactured incendiary bombs and placed them on board allied 
vessels. The shells in which the chemicals were placed were made 
on board the steamship Friederich der Grosse. Scheele was fur- 
nished $1,000 by von lgel wherewith to become a fugitive trom 

JUS Xlh Capt. Franz Rintelen, a reserve officer in the German Navy, 
came to this country secretly for the purpose of preventing the 
exportation of munitions of war to the allies and of getting to 
Germany needed supplies. He organized and financed Labor s Na- 
tional Peace Council in an effort to bring about an embargo on the 
shipment of munitions of war, tried to bring about strikes, etc. 

XIV Consul General Bopp, at San Francisco, Vice Consul Gen- 



334 DIPLOMATIC CORRESPONDENCE BETWEEN 

eral Von Schaick, Baron George Wilhelm von Brineken (an employee 
of the consulate), Charles C. Crowley, and Mrs. Margaret W. Cornell 
(secret agents of the German consulate at San Francisco) have been 
convicted of conspiracy to send agents into Canada to blow up railroad 
tunnels and bridges, and to wreck vessels sailing from Pacific coast 
ports with war material for Russia and Japan. 

XV. Paul Koenig, head of the secret-service work of the Hamburg- 
American Line, by direction of his superior officers, largely aug- 
mented his organization and under the direction of von Papen, 
Boy-Ed, and Albert carried on secret work for the German Govern- 
ment. He secured and sent spies to Canada to gather information 
concerning the Welland Canal, the movements of Canadian troops to 
England, bribed an employee of a bank for information concerning 
shipments to the allies, sent spies to Europe on American passports 
to secure military information, and was involved with Capt. von 
Papen in plans to place bombs on ships of the allies leaving New 
York Harbor, etc. Von Papen, Boy-Ed, and Albert had frequent 
conferences with Koenig in his office, at theirs, and at outside places. 
Koenig and certain of his associates are under indictment. 

XVI. Capt. von Papen, Capt. Hans Tauscher, Wolf von Igel, and 
a number of German reservists organized an expedition to go into 
Canada, destroy the Welland Canal, and endeavor to terrorize 
Canadians in order to delay the sending of troops from Canada to 
Europe. Indictments have been returned against these persons. 
Wolf von Igel furnished Fritzen, one of the conspirators in this case, 
money on which to flee from New York City. Fritzen is now in jail 
in New York City. 

XVII. With money furnished by official German representatives 
in this country, a cargo of arms and ammunition was purchased and 
shipped on board the schooner Annie Larsen. Through the activities 
of German official representatives in this country and other Germans 
a number of Indians were procured to form an expedition to go on 
the steamship Maverick, meet the Annie Larsen, take over her cargo, 
and endeavor to bring about a revolution in India. This plan involved 
the sending of a German officer to drill Indian recruits and the 
entire plan was managed and directed by Capt. von Papen, Capt. 
Hanz Tauscher, and other official German representatives in this 
country. 

XVIII. Gustav Stahl, a German reservist, made an affidavit which 
he admitted was false, regarding the armament of the Lusitania, 
which affidavit was forwarded to the State Department by Ambas- 
sador Bernstorff. He plead guilty to an indictment charging perjury, 
and was sentenced to the penitentiary. Koenig, herein mentioned, 
was active in securing this affidavit. 

XIX. The German embassy organized, directed, and financed the 
Hans Libeau Employment Agency, through which extended efforts 
were made to induce employees of manufacturers engaged in supply- 
ing various kinds of material to the allies to give up their positions 
in an effort to interfere with the output of such manufacturers. Von 



THE UNITED STATES AND GERMANY 335 

Papen indorsed this organization as a military measure, and it was 
hoped through its propaganda to cripple munition factories. 

XX. The German Government has assisted financially a number 
of newspapers in this country in return for pro-German propaganda. 

XXI. Many facts have been secured indicating that Germans 
have aided and encouraged financially and otherwise the activities of 
one or the other factions in Mexico, the purpose being to keep the 
United States occupied along its borders and to prevent the exporta- 
tion of munitions of war to the allies; see. in this connection, the 
activities of Rintelen, Stallforth, Kopf, the German consul at Chi- 
huahua, Krum-Hellen, Felix Somerfeld (Villa's representative at New 
York), Carl Heynen, Gustav Steinberg, and many others. 

ATTACKS ON SHIPS OF THE COMMISSION FOR RELIEF IN BELGIUM IN 
VIOLATION OF GERMAN UNDERTAKINGS. 

When the Commission for Relief in Belgium began its work in 
October, 1914, it received from the German authorities, through the 
various Governments concerned, definite written assurances that ships 
engaged in carrying cargoes for the relief of the civil population 
of Belgium and northern France should be immune from attack. In 
order that there may be no room for attacks upon these ships through 
misunderstanding, each ship is given a safe-conduct by the German 
diplomatic representative in the country from which it sails, and, in 
addition, bears conspicuously upon its sides markings which have 
been agreed upon with the German authorities ; furthermore, similar 
markings are painted upon the decks of the ships in order that they 
may be readily recognizable by aeroplanes. 

Upon the rupture of relations with Germany the commission was 
definitely assured by the German Government that its ships would 
be immune from attack by following certain prescribed courses and 
conforming to the arrangements previously made. 

Despite these solemn assurances there have been several, unwar- 
ranted attacks upon ships under charter to the commission. 

On March 7 or 8 the Norwegian ship Storstad, carrying 10,000 
tons of corn from Buenos Aires to Rotterdam for the commission 
was sunk in broad daylight by a German submarine despite the 
conspicuous markings of the commission which the submarine could 
not help observing. The Storstad was repeatedly shelled without 
warning and finally torpedoed. 

On March 19 the steamships Tunisie and Haelen, under charter 
to the commission proceeded to the United States under safe-con- 
ducts and guaranties from the German minister at The Hague and 
bearing conspicuous markings of the commission, were attacked 
without warning by a German submarine outside the danger zone 
(56° 15' north, 5° 32' east). The ships were not sunk, but on the 
Haelen seven men were killed, including the first and third officers; 
a port boat was sunk ; a hole was made in the port bunker above the 



336 DIPLOMATIC CORRESPONDENCE BETWEEN 

water line; and the ships sustained sundry damages to decks and 
engines. 

INDIGNITIES TO AMERICAN OFFICIALS. 

Various consular officers have suffered indignities and humiliation 
at the hands of German frontier authorities. The following are 
illustrations : 

Mr. Pike, consul at St. Gall, Switzerland, on proceeding to his 
post with a passport duly indorsed by German officials in New York 
and Copenhagen, was on November 26, 1916, subjected to great 
indignities at Warnemunde on the German frontier. Mr. Pike 
refused to submit to search of his person, the removal of his clothing, 
or the seizure of his official reports and papers of a private and con- 
fidential nature. He was therefore obliged to return to Copenhagen. 

Mr. Murphy, the consul general at Sofia, and his wife, provided 
with passports from the German legations at The Hague and Copen- 
hagen, were on two occasions stripped and searched and subjected 
to great humiliation at the same frontier station. No consideration 
was given them because of their official position. 

Such has been the behavior on the part of German officials not- 
withstanding that consular officials hold positions of dignity and 
responsibility under their Government and that during the present 
war Germany has been placed under deep obligation to American 
consular officers by their efforts in the protection of German interests. 

INHUMAN TREATMENT ACCORDED YARROWDALE PRISONERS BY GERMAN 

AUTHORITIES. 

On January 19 Mr. Gerard telegraphed that the evening papers 
contained a report that the English steamer Yarrowdale had been 
brought to Swinemunde as prize with 469 prisoners on board taken 
from ships captured by German auxiliary cruisers; that among 
these prisoners were 103 neutrals; and that such of these as had 
been taken on board enemy ships and had accepted pay on such 
ships would be held as prisoners of war. 

After repeated inquiries Mr. Gerard learned that there were among 
the Yarrowdale prisoners 72 men claiming American citizenship. 

On February 4, Mr. Gerard was informed by Count Montgeles of 
the foreign office that the Americans taken on the Yarrowdale would 
be released immediately on the ground that they could not have 
known at the time of sailing that it was Germany's intention to treat 
armed merchantmen as ships of war. 

Despite this assurance the prisoners were not released, but some 
time prior to February 17, the German minister for foreign affairs 
told the Spanish ambassador that the American prisoners from the 
Yarrowdale would be liberated "in a very short time." 

Upon receipt of this information a formal demand was made 
through the Spanish ambassador at Berlin for the immediate release 
of these men. The message sent the Spanish ambassador was as 
follows : 



THE UNITED STATES AND GERMANY 337 

If Y arrow-dale prisoners have not been released, please make formal demand 
in the name of the United States for their immediate release. If they are not 
promptly released and allowed to cross the frontier without further delay, please 
state to the foreign minister that this policy of the Imperial Government, if 
continued, apparently without the slightest justification, will oblige the Govern- 
ment of the United States to consider what measures it may be necessary to 
take in order to obtain satisfaction for the continued detention of these innocent 
American citizens. 

On February 25 the American ambassador at Madrid was informed 
by the Spanish foreign office that the Yarrowdale prisoners had been 
released on the 16th instant. 

The foregoing statement appears to have been based on erroneous 
information, for no further report on the subject has been received. 

The men finally reached Zurich, Switzerland, on the afternoon of 
March 11. 

Official reports now in the possession of the Department of State 
indicate that these American sailors were from the moment of their 
arrival in Germany, on January 3, subjected to the most, cruel and 
heartless treatment. Although the weather was very cold they were 
given no suitable clothes, and many of them stood about for hours 
barefoot in the snow. The food supplied them was utterly inade- 
quate. After one cup of coffee in the morning almost the only article 
of food given them was boiled frosted cabbage, with mush once a 
week and beans once a week. One member of the crew states that 
he was severely kicked in the abdomen by a German officer without 
provocation. He appears still to be suffering severely from this 
assault. Another sailor is still suffering from a wound caused by 
shrapnel fired by the Germans at an open boat in which he and his 
companions had taken refuge after the sinking of the Georgic. 

All of the men stated that their treatment had been so inhuman 
that should a submarine be sighted in the course of their voyage 
home they would prefer to be drowned rather than have any further 
experience in German prison camps. 

It is significant that the inhuman treatment accorded these Amer- 
ican sailors occurred a month before the break in relations and while 
Germany was on every occasion professing the most cordial friend- 
ship for the United States. 

INTERFERENCE WITH THE COMMUNICATIONS OF THE EMBASSY AT 

BERLIN. 

After the suspension of diplomatic relations, the German authori- 
ties cut off the telephone at the embassy at Berlin and suppressed 
Mr. Gerard's communication by telegraph and post. Mr. Gerard 
was not even permitted to send to American consular officers in 
Germany the instructions he had received for them from the Depart- 
ment of State. Neither was he allowed to receive his mail. Just 
before he left Berlin the telephonic communication at the embassy 



338 DIPLOMATIC CORRESPONDENCE BETWEEN 

was restored and some telegrams and letters were delivered. No 
apologies were offered, however. 

GERMAN INTRIGUES TO INVOLVE THE UNITED STATES IN WAR WITH 
MEXICO AND JAPAN. 

The Government of the United States is in possession of instruc- 
tions addressed by the German minister for foreign affairs to the 
German minister to Mexico concerning a proposed alliance of Ger- 
many, Japan, and Mexico to make war on the United States. The 
text of this document is as follows : 

Berlin, January 19, 1917. 

On the first of February we intend to begin submarine warfare unrestricted. 
In spite of this it is our intention to endeavor to keep neutral the United States 
of America. 

If this attempt is not successful we propose an alliance on the following 
basis with Mexico: That we shall make war together and together make peace. 
We shall give general financial support, and it is understood that Mexico is 
to reconquer the lost territory in New Mexico, Texas, and Arizona. The details 
are left to you for settlement. 

You are instructed to inform the President of Mexico of the above in the 
greatest confidence as soon as it is certain there will be an outbreak of war with 
the United States, and suggest that the President of Mexico on his own initiative 
should communicate with Japan suggesting adherence at once to this plan; at 
the same time offer to mediate between Germany and Japan. 

Please call to the attention of the President of Mexico that the employment 

of ruthless submarine warfare now promises to compel England to make peace 

in a few months. 

(Signed) Zimmebmann. 



[Public Resolution — No. 1 — 65th Congress.] 

[S. J. Res. 1.] 

SIXTY-FIFTH CONGRESS OF THE UNITED STATES OF 

AMERICA ; 

At the First Session. 

Joint Resolution, Declaring that a state of war exists between the 

Imperial German Government and the Government and the people 

of the United States and making provision to prosecute the same. 

Whereas the Imperial German Government has committed repeated 

acts of war against the Government and the people of the United 

States of America : Therefore be it 

Resolved by the Senate and House of Representatives of the United 

States of America in Congress assembled, That the state of war 



THE UNITED STATES AND GERMANY 339 

between the United States and the Imperial German Government 
which has thus been thrust upon the United States is hereby formally 
declared ; and that the President be, and he is hereby, authorized and 
directed to employ the entire naval and military forces of the United 
States and the resources of the Government to carry on war against 
the Imperial German Government; and to bring the conflict to a 
successful termination all of the resources of the country are hereby 
pledged by the Congress of the United States. 

Champ Clark, 
Speaker of tJie House of Representatives. 
Thos. R. Marshall, 
Vice President of the United States and 

President of the Senate. 
Approved, April 6, 1917, 

Woodrow Wilson. 



[Existence of War — German Empire.] 

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA 

A PROCLAMATION 

Whereas the Congress of the United States in the exercise of the 
constitutional authority vested in them have resolved, by joint reso- 
lution of the Senate and House of Representatives bearing date this 
day ' ' That the state of war between the United States and the Imperial 
German Government which has been thrust upon the United States 
is hereby formally declared"; 

Whereas it is provided by Section four thousand and sixty-seven 
of the Revised Statutes, as follows : 

Whenever there is declared a war between the United States and 
any foreign nation or government, or any invasion or predatory 
incursion is perpetrated, attempted, or threatened against the terri- 
tory of the United States, by any foreign nation or government, and 
the President makes public proclamation of the event, all natives, 
citizens, denizens, or subjects of the hostile nation or government, 
being males of the age of fourteen years and upwards, who shall 
be within the United States, and not actually naturalized, shall be 
liable to be apprehended, restrained, secured, and removed, as alien 
enemies. The President is authorized, in any such event, by his 
proclamation thereof, or other public act, to direct the conduct to 
be observed, on the part of the United States, toward the aliens who 
become so liable; the manner and degree of the restraint to which 
they shall be subject, and in what cases, and upon what security their 
residence shall be permitted, and to provide for the removal of those 



340 DIPLOMATIC CORRESPONDENCE BETWEEN 

who, not being permitted to reside within the United States, refuse 
or neglect to depart therefrom ; and to establish any other regulations 
which are found necessary in the premises and for the public safety ; 

Whereas, by Sections four thousand and sixty-eight, four thou- 
sand and sixty-nine, and four thousand and seventy, of the Revised 
Statutes, further provision is made relative to alien enemies ; 

Now, Therefore, I, Woodrow Wilson, President of the United 
States of America, do hereby proclaim to all whom it may concern that 
a state of war exists between the United States and the Imperial 
German Government; and I do specially direct all officers, civil or 
military, of the United States that they exercise vigilance and zeal 
in the discharge of the duties incident to such a state of war; and I 
do, moreover, earnestly appeal to all American citizens that they, in 
loyal devotion to their country, dedicated from its foundation to 
the principles of liberty and justice, uphold the laws of the land, 
and give undivided and willing support to those measures which 
may be adopted by the constitutional authorities in prosecuting the 
war to a successful issue and in obtaining a secure and just peace; 

And, acting under and by virtue of the authority vested in me by 
the Constitution of the United States and the said sections of the 
Revised Statutes, I do hereby further proclaim and direct that the 
conduct to be observed on the part of the United States towards all 
natives, citizens, denizens, or subjects of Germany, being males of 
the age of fourteen years and upwards, who shall be within the 
United States and not actually naturalized, who for the purpose of 
this proclamation and under such sections of the Revised Statutes 
are termed alien enemies, shall be as follows: 

All alien enemies are enjoined to preserve the peace towards the 
United States and to refrain from crime against the public safety, 
and from violating the laws of the United States and of the States 
and Territories thereof, and to refrain from actual hostility or giving 
information, aid or comfort to the enemies of the United States, and 
to comply strictly with the regulations which are hereby or which 
may be from time to time promulgated by the President; and so 
long as they shall conduct themselves in accordance with law, they 
shall be undisturbed in the peaceful pursuit of their lives and occu- 
pations and be accorded the consideration due to all peaceful and 
law-abiding persons, except so far as restrictions may be necessary 
for their own protection and for the safety of the United States ; and 
towards such alien enemies as conduct themselves in accordance with 
law, all citizens of the United States are enjoined to preserve the 



THE UNITED STATES AND GERMANY 341 

peace and to treat them with all such friendliness as may be com- 
patible with loyalty and allegiance to the United States ; 

And all alien enemies who fail to conduct themselves as so en- 
joined, in addition to all other penalties prescribed by law, shall be 
liable to restraint, or to give security, or to remove and depart from 
the United States in the manner prescribed by Sections four thousand 
and sixty-nine and four thousand and seventy of the Revised Statutes, 
and as prescribed in the regulations duly promulgated by the 
President ; 

And pursuant to the authority vested in me, I hereby declare and 
establish the following regulations, which I find necessary in the 
premises and for the public safety : 

(1) An alien enemy shall not have in his possession, at any time 
or place, any fire-arm, weapon or implement of war, or com- 
ponent part thereof, ammunition, maxim or other silencer, 
bomb or explosive or material used in the manufacture of 
explosives ; 

(2) An alien enemy shall not have in his possession at any time 
or place, or use or operate any aircraft or wireless apparatus, 
or any form of signalling device, or any form of cipher 
code, or any paper, document or book written or printed in 
cipher or in which there may be invisible writing ; 

(3) All property found in the possession of an alien enemy in 
violation of the foregoing regulations shall be subject t© 
seizure by the United States ; 

(4) An alien enemy shall not approach or be found within one- 
half of a mile of any Federal or State fort, camp, arsenal, 
aircraft station, Government or naval vessel, navy yard, 
factory, or workshop for the manufacture of munitions of 
war or of any products for the use of the army or navy ; 

(5) An alien enemy shall not write, print, or publish any attack 
or threats against the Government or Congress of the United 
States, or either branch thereof, or against the measures or 
policy of the United States, or against the person or prop- 
erty of any person in the military, naval, or civil service of 
the United States, or of the States or Territories, or of the 
District of Columbia, or of the municipal governments 
therein ; 

(6) An alien enemy shall not commit or abet any hostile act 
against the United States, or give information, aid, or com- 
fort to its enemies ; 

(7) An alien enemy shall not reside in or continue to reside in, 
to remain in, or enter any locality which the President may 
from time to time designate by Executive Order as a pro- 
hibited area in which residence by an alien enemy shall be 
found by him to constitute a danger to the public peace and 



342 DIPLOMATIC CORRESPONDENCE BETWEEN 

safety of the United States, except by permit from the 
President and except under such limitations or restrictions 
as the President may prescribe ; 

(8) An alien enemy whom the President shall have reasonable 
cause to believe to be aiding or about to aid the enemy, or 
to be at large to the danger of the public peace or safety of 
the United States, or to have violated or to be about to 
violate any of these regulations, shall remove to any location 
designated by the President by Executive Order, and shall 
not remove therefrom without a permit, or shall depart from 
the United States if so required by the President ; 

(9) No alien enemy shall depart from the United States until 
he shall have received such permit as the President shall 
prescribe, or except under order of a court, judge, or justice, 
under Sections 4069 and 4070 of the Revised Statutes; 

(10) No alien enemy shall land in or enter the United States, 
except under such restrictions and at such places as the 
President may prescribe ; 

(11) If necessary to prevent violations of these regulations, all 
alien enemies will be obliged to register; 

(12) An alien enemy whom there may be reasonable cause to 
believe to be aiding or about to aid the enemy, or who may 
be at large to the danger of the public peace or safety, or 
who violates or attempts to violate, or of whom there is 
reasonable ground to believe that he is about to violate, any 
regulation duly promulgated by the President, or any crim- 
inal law of the United States, or of the States or Territories 
thereof, will be subject to summary arrest by the United 
States Marshal, or his deputy, or such other officer as the 
President shall designate, and to confinement in such peni- 
tentiary, prison, jail, military camp, or other place of deten- 
tion as may be directed by the President. 

This proclamation and the regulations herein contained shall 
extend and apply to all land and water, continental or insular, in 
any way within the jurisdiction of the United States. 

In Witness Whereof, I have hereunto set my hand and caused the 
seal of the United States to be affixed. 

Done at the City of Washington, this sixth day of April, 
in the year of our Lord one thousand nine hundred 
[seal.] and seventeen, and of the independence of the United 
States the one hundred and forty-first. 

Woodrow Wilson. 
By the President : 
Robert Lansing, 

Secretary of State. 



INDEX 



INDEX 



Abdul Hamid, Sultan of Turkey, 296. 

Aberle, Walter, taken prisoner on Ger- 
man prize ship Yarroicdale, 222. 

Acid, nitric and sulphuric, contraband, 
9. 

Adams, John, negotiated Treaty of 
1785, 56. 

Adams, William, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Aeroplanes, contraband, 9. 

African Steam Navigation, Ltd., filed 
suit against Appam, 198. 

Agriculture, machines for, not contra- 
band, 10. 

Aircraft, contraband, 9. 

Airship, named America, made in 
America for England, 208. 

Airships, conditional contraband, 3; 
contraband, 9. 

Alabama Claims Commission, award 
quoted as to tenders to warships, 145. 

Allen, John, taken prisoner on German 
prize ship Yarrowdale, 222. 

Alsace-Lorraine, 281. 

Aluminum, conditional contraband, 7-8; 
contraband, 10. 

American citizens, no protection to 
enemy ships, 59; a protection to 
armed merchantmen, 77. 

American consular officers, 228. 

American passenger steamers, Germany 
suggests special markings for identi- 
fication, 59; American Government 
to guarantee vessels have no contra- 
band on board, 59; Germany pro- 
poses to allow four enemy passenger 
ships for passenger traffic between 
the United States and England, 60; 
United States refuses suggestion, 63. 

American prisoners of war, 220-228. 

Ammonia, not contraband, 10. 

Animals, saddle, draft and pack, con- 
traband, 3, 9. 

Antimony, with sulphides and oxides 
of, contraband, 10. 

Antwerp, Germany willing to allow al- 
lied and neutral consuls, in, 229; 
Germany has no objection to Ameri- 
can consul at, 235; not included in 
suspension of food requisitions, 251. 

Appam, steamer, British Admiralty or- 
der to armed merchantmen found 



on, 137; case of, 197-207; note from 
German Ambassador, 197-199; cap- 
tured by German naval forces and 
brought into Newport News, Vir- 
ginia, 197 ; commanding officer in- 
tends to stay in an American port 
until further notice, in accordance 
with Prussian-American Treaty of 
1785, 197; Germany considers ship 
not an auxiliary cruiser, but a 
prize, to be dealt with accord- 
ing to Prussian-American Treaty 
of 1799, 197; carried locked-up 
military party whose internment is 
asked, 197; crew tried to offer re- 
sistance and guns were trained on 
warships, 197 ; memorandum from 
German Embassy, 197-198; must 
be dealt with according to Article 
19 of treaty of 1799, 197; Arti- 
cle 21 of Hague Convention, No. 
XIII, concerning neutrality not ap- 
plicable, as England has not ratified 
Convention, 197; treaty authorizes 
prize ship to remain in American 
port as long as she pleases, 198; 
neither ship nor prize crew can be 
interned, nor can prize be turned 
over to England, 198; libel suit 
filed against vessel, 198; note from 
German Ambassador, 198-199; asks 
that libel suit be dimissed, 198 ; flies 
German flag and belongs to German 
Government, 199 ; American reply to 
German notes of February 2 and 
22, 199-202; treaty does not ap- 
ply, 201; ship did not come into 
port accompanied by warship, 201; 
commission of commander di- 
rects ship to lay up in American 
port, 201; treaty contemplates only 
temporary asylum, not deposit of 
spoils of war in American port, 201 ; 
can only enjoy privilege granted prizes 
of war to enter neutral ports, in case 
of stress of weather, want of fuel, 
and provisions or necessity of repair, 
201 ; Department has no information 
as to grounds of libel, 202; under- 
stood libelants claim title to vessel 
is properly in British owners, 202; 
United States court has properly 



345 



346 



INDEX 



assumed jurisdiction, 202; United 
States District Attorney instructed to 
appear in case and present to court a 
copy of note of German Ambassador, 
202; United States has decided that 
military party, and officers and crew 
who offered resistance to Moeive, 
should be released, 202; note from 
German Embassy, 202-203; protests 
that District Court has been asked 
to guard against augmentation of crew 
and attempt to escape, 202; objects 
to ship being taken to a wharf, 
203; promises that no augmenta- 
tion of crew or equipment shall be 
made and no attempt to run the 
vessel away, 203; as District At- 
torney appeared at hearing but did 
not ask dismissal of libel request for 
furthor appearance withdrawn, 203 ; 
note and memorandum from German 
Embassy, 204-205; proposes same 
reference as to interpretation of 
treaty as in case of ^YiUiam P. Frye, 
provided status of ship remains un- 
changed and steamer allowed to re- 
main with prize crew in American 
port, 204; Germany does not con- 
sider correct the American in- 
terpretation of Treaty of 1799, 204; 
arrival of ship under prize crew takes 
place of capturing vessel, 204; ar- 
rival under prize crew approved by 
Article 23 of Hague Convention re- 
garding neutrality in maritime war, 
204; Prussian-American treaties do 
not require mention of German port 
in commission of captor, 205; right 
of asylum continues so long as prize 
crew is aboard and danger of cap- 
ture exists, 205; so long as right of 
asylum exists courts do not have 
jurisdiction, a German Prize Court 
alone being competent, 205; opinion 
of Department of State that Ameri- 
can courts must decide about claims 
of British shipping company, incom- 
patible with treaty stipulations, 205 ; 
asks that prize crew be permitted to 
remain on board and libel be dis- 
missed, 205; American reply to Ger- 
man note and memorandum of 
March 16, 205-207; agrees with Ger- 
many that treaty was made to cover 
a different mode of warfare, 206; 
does not believe treaty intended 
to cover permanent asylum, 206; 
United States never has assented 
to her sequestration of prizes in its 
ports, 206; refuses to refer question 



to The Hague Court, 207; acceptance 
would defeat Article 23 of Hague 
Convention XIII, 207; case differs 
from that of William P. Frye, 207 ; 
United States Court having taken 
jurisdiction, that jurisdiction can 
only be dissolved by judicial pro- 
ceedings, 207 ; if court dismisses libel 
and ship depart after a reasonable 
time, for voyage to nearest Ger- 
man port, the United States will- 
ing to accept proposal to arbitrate 
treaty interpretation, 207; failing 
this, ship to be released and crew in- 
terned, 207. 

Arabia, steamer, United States inquires 
as to the sinking, 101 ; finds itself un- 
able to square this with assurance of 
German Government of May 4, 1916, 
101 ; women and children plainly 
seen on deck when ship was torpe- 
doed, 101; German reply, 105-106; 
reports submarine believed ship 
a transport, and mistook women 
and children for Orientals, brought 
to work behind lines, 105-106; if it 
is shown Arabia was an ordinary 
passenger steamer Germany would 
make reparation, 106. 

Arabic, steamer, German Ambassador 
asks United States to refrain from 
taking definite stand till German 
report is made, 64; to be dis- 
cussed before Lusitania question, 65 ; 
German report on sinking, 65-66; 
sunk because submarine commander 
thought submarine about to be 
rammed, 66; Germany regrets loss 
of life, but unwilling to grant in- 
demnity, 66; willing to submit ques- 
tion to Plague Permanent Court, 66; 
if submitted, decision will not be a 
general decision as to legality of use 
of submarines, 66; United States 
submits evidence in case, 68-69 ; Ger- 
man reply, 70; attacked by submarine 
commander against orders, 70; Im- 
perial Government regrets and dis- 
avows act, 70; indemnity will be 
paid by Germany, 70; such an attack 
not possible again, 70; offers to ne- 
gotiate as to amount of indemnity, 
70; United States accepts apology and 
offer to negotiate, 70-71; attack on, 
327. 

Archer, tender to the Florida, 145. 

Arctic Ocean, declared a war zone by 
Germany, 309-310. 

Armed merchant vessels, British Ad- 
miralty recommends English mer- 



INDEX 



347 



chant vessels to use neutral 
flags, 33; impossible for subma- 
rines to conform to old rules of 
international law, 77; correspond- 
ence relative to, 116-137; American 
memorandum concerning status of, 
visiting American ports, 116-117; 
German memorandum relative to, 
118-119; American rule fails to com- 
ply with principles of neutrality, 
118; resistance by merchant ships 
contrary to international law, 118; 
should receive no better treatment 
than regular warships, 118-110; no 
guarantee that armament will be 
used for defense only, 119; second 
American note on, 119-120; United 
States dissents from German 
view, 119; practice and authorities, 
including German, support American 
view, 119; neutral government must 
regulate its treatment in accordance 
with intended use of armament, 119; 
United States objects to passing upon 
intended use of a vessel, 120; as 
result of representations no armed 
merchant vessels have visited Amer- 
ican ports since September 10, 120; 
only two private armed vessels have 
entered or cleared since beginning of 
war, 120; Germany asked to prevent 
German armed merchant vessels from 
entering American ports, 120; Ger- 
man memorandum relative to, 120- 
135; Great Britain armed merchant- 
men in 1913, 121; Great Britain 
claims merchant vessels retain 
peaceable character so long as armed 
for defense only, 121-122; German 
submarine attacked by English 
yacht, 121 ; British Prize Court rule 
No. 1 provides ship of war shall in- 
clude armed ship, 122; Germany con- 
tends ship assumes warlike character 
by armament with guns, regardless 
of whether for defense or attack, 
122; some neutrals have adopted 
British and some German view, 122; 
British armed merchantmen have at- 
tacked German war vessels, while 
flying false flags, 122 ; Allies of Great 
Britain also follow her example, 122; 
have no right to be considered peace- 
able vessels of commerce, 123; Ger- 
man naval vessels will be ordered to 
treat such vessels as belligerents, 
123; neutrals are warned not to trust 
persons or property to enemy armed 
merchantmen, 124; declaration of 
Winston Churchill, March 26, 1913, 



124; assurance by Great Britain that 
merchantmen will be armed for de- 
fense only, 125; memorandum of Ger- 
many (October 13, 1914) with digest 
of cases in which British Merchant- 
men have attacked submarines, 126- 
129 ; British instructions to merchant 
ships as to attack on enemy ships, 
122, 129, 130-135; British merchant- 
men ordered to conceal instructions as 
to attack on, 123, 135; British in- 
structions to transports carrying 
troops, 134-135; British instructions 
to British merchant ships in Mediter- 
ranean, 135; British armed merchant- 
men to attack submarine on sight, 
137. See also Merchant Vessels. 
Armenian, steamer, Americans lost on, 

327. 
Armor plates, contraband, 3, 9. 
Arms and munitions, contraband, 3, 8; 
implements for repair of, contraband, 
9; trade in, 31, 33; shipping 
forbidden from neutral countries, 38 ; 
German people know to what extent 
supplied by United States, 92 ; memo- 
randum from German Embassy, 146- 
147 ; drawn by Germany's enemies from 
United States, 146, 147; exportation 
of, 151-155; German protest against 
exportation, 151 ; delivery of arms to 
Germany, 151; citation of arms fur- 
nished by Germany in former wars 
not applicable, 152; United States 
only neutral country able to fur- 
nish arms, 152; United States build- 
ing up powerful industry in, 152; 
theoretical willingness to supply 
Germany does not apply, 152; lifting 
of embargo on to Mexico, 152; 
American answer to German pro- 
test, 153-155; United States at a 
loss to interpret German treatment 
of subject, 153; obligation of neu- 
tral powers, 154; language of German 
memorandum susceptible of being 
construed as impugning good faith, 
154; not within choice of United 
States to inhibit trade, 155; no 
change possible in neutrality laws 
during the war, 155; placing of em- 
bargo would constitute such a change, 

155. 

Austria-Hungary, 136; reply to the an- 
swer of the Allied Powers to peace 
overtures of the Central Powers, 282- 
284; reply to peace suggestions of 
President Wilson, 289-290; activities 
of Ambassador Dumba, 332. 

Autocrat Manufacturing Company, 208. 



348 



INDEX 



Balfour, Arthur James, further reply 
to the suggestion of the President of 
the United States as to peace nego- 
tiations, 295-298. 

Balloons, conditional contraband, 3; 
contraband, 9. 

Balto, steamer, 110, 111. 

Bandoeing, steamer, attack on, 95. 

Bantry, Ireland, 79. 

Barbara, steamer, United States in- 
quires as to linking of, 107; Ger- 
many reports steamer sunk after 
crew was placed in safety, 115. 

Barbed wire and implements for cut- 
ting same, conditional contraband, 3; 
contraband, 9. 

Barlow, Captain, reports attack on 
steamer Oicego, 97. 

Bates, Lindon W., vice chairman of 
Belgian Relief Commission, thanks 
Germany for arrangements affecting 
safe conduct of unneutral ships car- 
rying supplies for Belgian Relief 
Committee, 242; British Government 
requires that all Belgian relief ships 
report to British Ambassador by, 
244. 

Beatty, Rear Admiral, 168. 

Beer, Henry S., and Mrs. Henry S. 
Beer, statement as to Sussex, 87. 

Belgian Relief Committee, formed for 
importing foodstuffs for poor of Bel- 
gium, 236; Great Britain consents 
to export of supplies on condition 
that they be dispatched by American 
Embassy, and consigned American 
Legation in Brussels, 236; German 
military authorities consent to im- 
portation of food for Belgium, 236; 
not money but food needed, 237 ; Ger- 
man Government approves, 237 ; 
Germany promises not to confiscate 
foodstuffs, 238; no food can be ex- 
ported from England or Holland, 
238; Netherland Government gives 
permission to committee to distrib- 
ute to agents in Belgium food 
landed at Rotterdam, 238; United 
States asks France to allow goods 
for committee to go through, 239; 
asks if Germany has placed embargo 
on importation into Belgium of thor- 
oughly disinfected second-hand cloth- 
ing, 239; France agrees to importa- 
tion, through Holland, of foodstuffs 
for Belgium, 239 ; United States asks 
safe passage for British and neutral 
ships flying committee flag, bound 
for Rotterdam with food for Belgium, 
239; asks permission for Americans 



to engage in distribution, 239 ; German 
Government grants request of United 
States that neutral ships be permit- 
ted to carry to Holland food destined 
for Belgium, 240; Germany also agrees, 
subject to revocation, to allow free 
passage to unneutral ships, carrying 
certificate from competent American 
authority, 240; inquiry being made as 
to distribution of food by Americans 
in automobiles, 240; United States 
agrees to Germany's request as to 
certificates for unneutral ships, 241; 
Germany agrees to proposals, 241 ; 
German consuls instructed to issue 
safe conduct to unneutral ships, 241; 
American Consul General Skinner 
asks United States to furnish naval 
ships to carry food to Belgium, 241; 
British ship owners reluctant to send 
ships to Rotterdam, 242; United 
States has no suitable ships, 242; 
Germany grants permission to Amer- 
icans to distribute food in Belgium, 
242; committee thanks Germany for 
arrangement effecting safe conduct of 
ships carrying supplies for Belgian 
Relief Committee, 242; Germany sub- 
mits certificate to be carried by un- 
neutral ships carrying supplies to 
Belgium, 243; British Government 
requires all Belgian relief shipsto be re- 
ported to British Ambassador at 
Washington, 244; British Govern- 
ment will pass only such ships 
as contain whole cargoes of food for 
Belgian Relief, 244; Grrman 
Civil Commander of Province of 
Limberg exacted import duties on 
Relief Committee's foodstuffs, 244; 
shipments to Limberg discontinued, 
245 ; General von Bissing assures 
American Minister no further requi- 
sition of foodstuffs will be made in 
Belgium, 245; Imperial Secretary of 
State for Foreign Affairs, Zimmer- 
mann assures committee no further 
requisition of foodstuffs would be 
made in Belgium, 245; Germany 
is asked if non-neutral ships will 
be interfered with on return voy- 
age, 246; Germany promises not 
to requisition food or forage which 
would have to be replaced by im- 
portation, 246; import duty in 
Province of Limberg removed, 
money tax refunded, and shipment 
of supplies to Limberg resumed, 247- 
249; Netherland Government grants 
free use of governmental railways, 



INDEX 



349 



and Netherland postal and tele- 
graphic service for work of commit- 
tee, 250; Netherland citizen desig- 
nated by Government to serve on, 
250; Germany gives assurance that 
foodstuffs imported for region of 
Givet and Furney, and as far as the 
Meuse, will not be requisitioned, 
250-251, 253; Rockefeller Founda- 
tion have agreed to furnish food- 
stuffs for this region, on condition 
of their being transported thither 
by committee, 251 ; German military 
authorities claim Antwerp was ex- 
cepted from agreement relative to 
suspension of requisitions, although 
no statement to that effect was made, 
251 ; cattle and their food hereafter 
exempt from requisition when im- 
ported by Comite National de Se- 
cours et d' Alimentation, 252; Ger- 
many gives formal assurance food- 
stuffs imported from the United 
States will not be used for military 
or naval purposes, 252; revictualling 
Maubeuge district, 253; France con- 
sents to shipment of Argentine maize 
to Rotterdam for relief of Belgian 
and French people, 253; German re- 
ply to request for safe conduct of 
non-neutral ships carrying Belgian 
Relief Committee supplies, 255; 
ships plainly marked as relief ships 
will not be attacked by submarines, 
255; Germany cannot issue safe con- 
duct to non-neutral ships owing to 
mines in war zones, 255 ; Great 
Britain agrees to German terms 
as to marking on relief ships; 
German Embassy informed, 255-256 ; 
Belgian relief ship Elfland attacked 
by aeroplane, 256; German admiralty 
explains marking not recognizable 
and suggests markings flat on upper 
deck, 256; German Government has 
ordered submarines and aeroplanes 
to respect relief ships, 256; all 
American members of Belgian Re- 
lief Commission withdrawn, 256- 
257. 
Belgium, British protest against Ger- 
man violations of international law 
in, 40-43; International Food Com- 
mission, 40; levies in money for the 
support of the German army, 40; 
status of consular officers in, 228-236 ; 
no consular officers in East and West 
Flanders, 228; consular officers to be 
permitted for present in Brussels, 
Antwerp, and Liege, 228; Belgium 



protests against cancelling of ex- 
equaturs, 220-230; military occupa- 
tion only de facto possession, and 
right to cancel exequaturs not de- 
rived from that title, 230; German 
answer to Belgian protest, 230-231, 
233; Germany does not consider pro- 
test well founded, 230; circular note 
of Germany does not touch rights 
of Belgian Government, 233; reply 
of Belgian Government, 233 ; no gen- 
eral right of cancellation warranted, 
234; in normal times produces only 
one-sixth of foodstuffs used, 237; re- 
lief service, 250; Belgian reply to 
peace offer of Central Powers, 277- 
279 ; Belgian reply to peace sugges- 
tions of President Wilson, 291-292; 
violation of, 293. See also Belgian 
Relief Committee, Deportation of 
civilians from Belgium. 

Belligerent vessels, supplies for, 138- 
150; memorandum of the United 
States relative to supplies for, 116, 
138; Germany charges supplies, were 
carried to British cruiser Essex, 140; 
cases of German ships Locksun and 
Geier, 141-145; Hague conventions 
relative to, 146; German memoran- 
dum on, 146-147; coaling of German 
warships requested, 147; American 
statement on, 148-150; to investi- 
gate all vessels suspected of carrying 
supplies to belligerent ships, 150. 

Bemis, Samuel E., evidence in Sussex 
case, 87. 

Berg, Hans, Lieutenant, brought cap- 
tured British steamer Appam into 
Newport News, Virginia, 197 ; in- 
formed German Ambassador that 
libel suit had been filed against 
vessel, and he had been cited to ap- 
pear to answer, 198-200. 

Bernstorff, Johann, Count von, Imperial 
German Ambassador to the United 
States, 12, 21, 23, 64, 65, 70, 73, 74, 
78, 95, 136, 140, 142, 143, 146, 147, 
151, 157, 160, 165, 166, 171, 197, 
199, 203, 204, 208, 212, 252, 264, 
301. 

Berwindvale, steamer, American in- 
quiry as to sinking, 79 ; Germany 
states tank steamer sunk, because 
of attempt to escape and refusal 
to stop; crew allowed to leave be- 
fore ship was sunk, 80; sinking of, 
329. 

Bethmann-Hollweg von, Chancellor of 
Germany, 275. 

Bieberstein, Baron Marschal von, first 



350 



INDEX 



German delegate to Second Hague 
Conference, 13-14. 

Biermann, Erich, escape from intern- 
ment of, 162, 166. 

Bismarck, Prince, quotation from, on 
interference with foodstuffs for civil- 
ian population (1885), 42. 

Bissing, Freiherr von, Governor-Gen- 
eral in Belgium, 245, 262, 268. 

Blacke, Joseph, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Blockade, German Admiralty proc- 
lamation (Feb. 4, 1915) declaring 
waters around Great Britain and 
Ireland a war zone, 24-25; German 
memorial, 25-27; American protest 
27-29 ; reply to American protest, 29- 
35; stoppage of foodstuffs an admit- 
ted consequence of blockade, 41-42; 
British Government state a blockade 
of all passage to or from Germany has 
been instituted by cordon of ships, 42; 
of neutral coasts by Great Britain, 
57; seizing of neutral merchandise 
bound for Germany, 57; contrary to 
international law established by 
Great Britain, 77; right admitted by 
United States, 154; around Great 
Britain, France, Italy, Mediterra- 
nean, and North Sea, announced bv 
Germany, 302-303; of Arctic Ocean 
announced by Germany, 309-310. 

Boats of warships, contraband, 3. 

Boers, 57. 

Bombardment of unfortified towns, 41. 

Bones, raw, not contraband, 11. 

Boots, conditional contraband, 3; con- 
traband, 9, 10. 

Borkum, Isle of, 20. 

Boulogne, France, 87. 

Bourle, John O., taken prisoner on 
German prize ship Yarrowdale, 222. 

Boy-Ed, Captain, Naval Attache' of 
German Embassy, recall asked by 
United States, 210; recall again 
asked, 211; German Ambassador 
states Emperor has recalled, and asks 
safe conduct for officer and servant, 
212; safe conduct granted by En- 
tente Allies, 212; notified to take 
southern route to Holland and per- 
form no unneutral service, such as 
carrying dispatches to German Gov- 
ernment, 213; passports sent, 213; 
activities of, 331-334. 

Brady, John, taken prisoner on German 
prize ship Yarrowdale, 222. 

Brauer, Otto, escape from internment of, 
162; now on board cruiser Lutzon at 
Danzig, 162; Germany asked to re- 



turn, 164, 166; return again asked, 
169. 

Brennan, Edward, taken prisoner on 
German prize ship Yarrowdale, 222. 

Bricks, not contraband, 11. 

Bristles, not contraband, 10. 

British Admiralty, published list of 
armed merchant vessels, Januarv, 
1914, 121. 

British Government, see Great Britain. 

British Royal Mail Steam Packet Com- 
pany, passenger steamer belonging 
to, fired on German submarine, 66. 

Brown, William, taken prisoner on 
German prize ship Yarrowdale, 222. 

Brussels, Germany willing to allow al- 
lied and neutral consuls in. 229; Re- 
lief Commission work in, £51. 

Brvan, William J., Secretarv of State 
of United States (March 4, 1913- 
June 9, 1915), 1, 29, 37, 47, 52, 145, 
150, 155, 157, 159, 174, 176, 179, 
210, 214, 215, 232, 236, 241, 247, 
248, 256. 

Bukowina, 281. 

Bulgaria, 283; reply to peace sugges- 
tions of President' Wilson, 289-290. 

Bullion, gold or silver, conditional 
contraband, 3 ; contraband, 9. 

Bullrock Bank, 88. 

Bundcsrat, resolution taking over grain 
stocks, 151. 

Camarinas, Bay of, 111. 

Camp equipment, contraband, 3, 9. 

Cannon barrels, contraband, 8. 

Caprivi Count, quotation from, on 
interference with foodstuffs for civil- 
ian population (1892), 42. 

Capture, abolishment of, right of, 57. 

Carib, steamer, sinking of, 21-23; Ger- 
man Ambassador states Carib lost by 
not following German notice to 
mariners, 21 ; captain denies British 
boarding officer gave false directions, 
22. 

Carlo, John, taken prisoner on German 
prize ship Yarrowdale, 222. 

Carranza, Venustiziano, embargo on 
arms to Mexico lifted, 153. 

Cartridges and component parts, con- 
traband, 8. 

Caustic soda, not contraband, 10. 

Cavell, Edith, execution of, 294. 

Cerigo Island, 105. 

Cerigo Straits, 105. 

Chalk, not contraband, 10. 

Charcoal cylinder tar, conditional con- 
traband, 5. 

Cherbourg, France, 79. 



INDEX 



351 



Chloride of lime, declared not contra- 
band by Germany, 10. 

Chrome ore, conditional contraband, 9. 

Chronometers, conditional contraband, 
3 ; contraband, 8. 

Churchill, Winston, First Lord of Ad- 
miralty (British), declaration as to 
arming merchant vessels, 124. 

Clan McTavish, steamer, fired on sub- 
marine, 135. 

Clarence, the, tender to the Florida, 
145. 

Clark, Edward, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Clay, not contraband, 10. 

Clocks, not contraband, 10. 

Clothing and equipment, contraband, 
3, 9. 

Clothing fabrics, conditional contra- 
band, 3, 9. 

Coal, not contraband, 9; bunker coal, 
declared contraband by Great Britain 
to force neutral tonnage into service 
of British trade war, 92. 

Coaling of German warships, 141, 142, 
144, 145; asked by Germany, 146; 
German memorandum on, 146-147; 
American reply, 148-150; unaware 
of refusal of port authorities to al- 
low coaling, 148-149. 

Cobalt, contraband, 10. 

Coin, gold and silver, conditional con- 
traband, 3 ; contraband, 9. 

Coke, not contraband, 9. 

Cole, Captain, captain of steamer 
Carib, 21. 

Columbian, steamer, American inquiry 
as to sinking of, 102; Germany re- 
ports ship visited and searched by 
submarine and allowed to proceed; 
afterwards discovered wirelessing po- 
sition of submarine, was sunk for 
unneutral service, 110-111; case sub- 
mitted to prize court at Hamburg, 
111. 

Comite National de Secours et d' Ali- 
mentation, 253, 254; letter relative 
to deportations of civilians from Bel- 
gium, 25S; Germany demands list of 
persons receiving help, 268. 

Commerce with Germany, 151-155. 

Communipaw, American steamer, at- 
tack on, 329. 

Committee of Mercy. See ComiU Na- 
tional de Secours et d' Alimentation. 

Conditional contraband. See Contra- 
band of war. 
Connolly, Martin, taken prisoner on 
German prize ship Yarrowdale, 222. 
Consular officers, status in occupied 



territory, 229. German note verbale 
on, 229 ; temporary recognition grant- 
ed, 220 ; cancellation of exequaturs, 
230; Belgian protest, 229-230; Ger- 
man reply, 230-231 ; American answer 
to German note, 230-231; second Bel- 
gian protest, 233-234. 
Contraband of war, German rules, 2-11, 
31, 33; German list of absolute (Aug. 
6, 1914), 3-4; additional German 
lists, 6-7; conditional, 3-11, 31, 38, 
151; German list of conditional 
(Aug. 6, 1914), 4; additional lists, 
5-11; provisions extended by Great 
Britain contrary to international 
law, 77 ; German bunker coal declared 
contraband to force neutral tonnage 
into service of the British trade war, 
92, 146; neutrality and trade in, 
148; Declaration of London to be 
followed in case of absolute contra- 
band found in American merchant 
ships, 191. 
Convoy of American ships, suggested 

by Germany, 34. 
Copper, conditional contraband, 3, 5; 

contraband, 10. 
Copper sulphate, not contraband, 10. 
Corals, not contraband, 10. 
Cotton, not contraband, 10; telegrams 
from Germany relating to, not re- 
ceived, 215. 
Craft, conditional contraband, 3; con- 
traband, 10. 
Culbertson, T. W., statement as to 

Sussex, 87. 
Cupenberg, Baron von, 332. 
Curtis Aeroplane Plant, Hammonds- 
port, N. Y., 208. 
Cushing, steamer, attack on, 44; case 
being investigated by Germany, 48; 
Germany offers to submit inquiry to 
International Commission of Inquiry 
pursuant to Article III, Hague Con- 
vention for Pacific Settlement of In- 
ternational Disputes (1907), 48; ship 
sighted near Nordlund Lightship be- 
lieved to have been the Cushing, asks 
evidence in case, 51; full informa- 
tion to be furnished German Govern- 
ment as requested, 52; attack on, 327. 
Cylinder tar, conditional contraband, 

4 " 6 - • ™- 

Czernin, Count, Austro-Hunganan Min- 
ister for Foreign Affairs, 284. 

Daily Graphic, 136. 

Daly, Frank, taken prisoner on German 

prize ship Yarrowdale, 222. 
Daniels, Josephus, Secretary of the 



352 



INDEX 



Navy (March 4, 1913- ), 

217. 

Dardanelles operations, 104. 

Davis, Dr. John, taken prisoner on 
German prize ship Yarroicdale, 222; 
in prison camp at Karlsruhe, 222; 
departed for Denmark, 225. 

Declaration of London, 1-2; United 
States suggests to Germany that rule3 
be followed, 1 ; Germany agrees to fol- 
low rules, provided other belligerents 
do so, 1 ; United States withdraws 
suggestion that rules be followed 
and states that rights and duties of 
United States and citizens must be 
defined by existing rules of interna- 
tional law and treaties, 2 ; German or- 
dinance as to contraband follows, 2- 
4; Eritish violations of principles 
laid down in, 16; German memoran- 
dum on (Feb. 4, 1915), 25-27; Ger- 
many has followed, 30, 35, 37; im- 
portation of raw material on free 
list of, 38; Germany was ready to 
ratify, 57, 75, 76; Leelanaic, sunk in 
accordance with, 72; Great Britain 
declined to ratify, 76; Delto, sunk 
for unneutral service, according to, 
113; Germany claims sinking of 
William P. Frye to be in accord 
with, 177, 185; United States does 
not regard Declaration as in force, 
179, 192; in view of treaty stipula- 
tions, the United States does not con- 
sider necessary to discuss Declaration 
of London in connection with sinking 
of William P. Frye, 179; Germany 
asserts case of William P. Frye was 
decided according to, 187; German 
commanders to follow Declaration of 
London as to destruction of absolute 
contraband in American merchant- 
men, 191; United States does not 
admit Declaration is in force, 192; 
willing to have German commaxtd- 
ers act under rule, as proposed, 
192. 

Declaration of Paris, 25, 281. 

Declaration of war against Germany, 
316-342; circular telegram to all 
American missions (April 2, 1917), 
316-317; address of President Wilson 
at joint session of the Congress 
(April 2, 1917), 317-325; Flood re- 
port on, 326-338; joint resolution of 
Congress declaring a state of war to 
exist with Germany, 338-339; proc- 
lamation of, 339-342. 

Deike, Herman, escaped from intern- 
ment, 163; return again asked, 169. 



Delbruck, Gottlieb Ernst Clement, Vice 
Imperial Chancellor, 7. 

Delta. See Delto, steamer. 

Delto, American inquiry as to sinking, 
100; Germany reports ship sunk for 
unneutral service, after papers had 
been taken and crew had been allowed 
to leave, 113. 

Denmark, food supplies to England, 30. 

Depew, Albert, taken prisoner on Ger- 
man prize ship Yarroicdale, 222. 

Deportation of civilians from Belgium, 
258-274 ; Comite" National de Secours 
et d' Alimentation offers proof of, 258 ; 
German military authorities com- 
mand Comite" National de Secours et 
a" 'Alimentation to furnish lists of un- 
employed, 258; American charge" 
brings matter informally to attention 
of German Foreign Office and investi- 
gation is promised, 259; German 
memorandum states only unemployed 
were to be deported, 259 ; American 
charge" directed to call attention to 
bad impression this action will have 
on neutrals, 259; United States pro- 
tests against deportations, 260; Ger- 
man reply to American protest, 260; 
workmen have been returned, 260; 
complaints to be investigated, 260; 
German Regulations Governing Idle- 
ness, 261-262; no change in German 
policy, 262; deportations amount to 
3,000 to 5,000 per week, 262; no dis- 
tinction as to whether deportees are 
employed or unemployed, 262; all 
members of certain trades selected, 
262; forced to work for German 
army, 262; refusal to perform work 
met with refusal of food and other 
brutal acts, 263 ; deportees returned 
because physically unfit, or stead- 
fast refusal to work, 263; between 
60,000 and 100,000 men taken, 2,000 
returned, 263; forced to sign em- 
ployment contracts, 263; requisition 
of stocks and materials increase num- 
ber of unemployed, 263 ; German 
memorandum on employment of Bel- 
gian laborers in Germany, 264-267 ; 
report of American minister on, 267- 
270; death of men seized in Brussels, 
268; men returned to Mons, Malines, 
and Antwerp, 269; report on requi- 
sition of Belgian workmen from Ma- 
lines, 269; translation of summons 
sent to men to appear for deporta- 
tion, 270-273. 

Destruction of American vessels, 28. 

Deutsche Bucht, 18. 



INDEX 



353 



Diederich, Henry W., American Consul- 
General, recognized by Germany in 
Antwerp, 229. 

Dieppe, France, 86. 

Diplomatic relations between the Uni 
ted States and Germany, 86. See also 
Severance of Diplomatic Relations 
between the United States and Ger 
many. 

Disarmament of merchantmen, pro 
posed by United States (January 26 
1916), 77. 

Display by naval vessels of distin 
guishing marks, 216-219. 

Docks, conditional contraband, 3; con 
traband, 10. 

Donnolip, Richard, taken prisoner on 
German prize ship Yarrowdale, 222. 

Downs, The, 19. 

Draft animals, contraband, 3, 9. 

Dumba, Constantin, Austro-Hungarian 
ambassador to the United States, 
332. 

Dungeness, 86. 

Dunsley, S. S., stopped by German sub- 
marine, 65. 

Eagle Point, steamer, American inquiry 
as to sinking of, 79; Germany states 
ship refused to stop, was shelled and 
sunk after crew had left in two 
boats; two other boats observed left 
on ship, 81 ; sinking of, 330. 

Earth, declared not contraband by Ger- 
many, 11. 

East Friesian Islands, 21, 22. 

Ebony, not contraband, 4. 

Eclipse, yacht, interned German of- 
ficers and men supposed to have es- 
caped in, 162. 

Economic Conference, Paris (1916), 
300. 

Edge, Vinciah, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Egan, Maurice F., American Minister 
to Denmark, 225. 

Eider, River, 17, 18, 19. 

Elbe, River, 17-19. 

Elfland, steamer, Belgian relief ship 
attacked by German aeroplanes, 256. 

Embargo on arms to Mexico lifted, 152- 
153. 

Ems, River, 17, 18, 19. 

England. See Great Britain. 

English Channel, 19. 

English Furness Steamship Company, 
22. 

Englishman, steamer, American in- 
quiry as to sinking, 78; Germany 
states ship refused to stop and was 



sunk after crew had entered boats, 
80; sinking of, 329. 

Escape of officers and men from Ger- 
man ships interned, 162-169. 

Essex, British cruiser, German Ambas- 
sador asserts that tug F. B. Dal- 
zell carried supplies to, 140, 143; 
United States finds no evidence; 
German Ambassador asked for evi- 
dence, 143, 145. 

Evelyn, steamer, sinking of, 20-23; 
German Ambassador states Evelyn 
lost by not following German notice 
to mariners, 21 ; British boarding of- 
ficer gave false directions, 22; report 
shows no false directions given; ship 
ran on mine field, 22. 

Exequaturs of Consuls, in occupied ter- 
ritory considered by Germany to have 
expired, 228-236. 

Explosives prepared for war, contra- 
band, 3, 8; not prepared, conditional 
contraband, 3. 

Fabrics for clothing, conditional con- 
traband, 3; contraband, 9. 

Falaba, steamer, sinking, 44; Germany 
says commander of steamer at- 
tempted to escape, sending up rocket 
signals for help, 48; German claim 
that merchantman sought to escape 
capture by flight, does not relieve 
captor from obligation of safe- 
guarding lives of persons on board, 
52-53; Leon Thrasher, an American 
lost on, 327. 

Faroe Isles, 19, 39. 

Fashion and fancy goods, not contra- 
band, 10. 

F. B. Dalzell, tug, German ambassador 
asserts supplies were carried to Brit- 
ish cruiser Essex by, 140, 143; Ger- 
man Ambassador asked for evidence, 
143; not subject to internment, 145; 
no evidence of guilt, 145. 

Feathers, not contraband, 10. 

Feeding stuffs, conditional contraband, 
9. 

Feroli, Albert, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Ferro alloys, contraband, 10. 

Ferrochrome, contraband, 10. 

Ferromanganese, contraband, 10. 

Ferromolybdenum, contraband, 10. 

Ferrovanadium, contraband, 10. 

Ferrowolfram, contraband, 10. 

Fertilizers, not contraband, 11. 

Field, Arthur, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Field forges, contraband, 3, 8. 



354 



INDEX 



Field glasses, conditional contraband, 
3; contraband, 9. 

Field kitchens and bakeries, contraband, 
8. 

Fields, George, taken prisoner on Ger- 
man prize ship Yarroicdale, 222. 

Finland, steamer, 99. 

Finnish people, 284. 

Fischer, Walter, escaped from intern- 
ment, 162, 166. 

Flag, protest by United States against 
use of American, by British ships, 
29. 

Flags, false use of neutral flag, 28; 
misuse of flag, 33-35 ; used by Laertes 
and Lusitania, 33; not to be used, 
36, 38; British merchantmen or- 
dered to hoist, 33, 77; British armed 
merchantmen have attacked German 
war vessels while flying false flags, 
122; Germany asks that American 
vessels display flag by day and keep 
flag lighted by night, 216; United 
States replied that international 
regulations do not require display of 
flag on high seas, except when in 
sight of other vessels, 217. 

Flanders, no communication with parts 
of, 263. 

Flax, contraband, 9. 

Floating docks, conditional contraband, 
3; contraband, 10. 

Flood, Henry, Report of House Com- 
mittee on Foreign Affairs on War 
with the Imperial German Govern- 
ment, 326-338. 

Florida, American warship, 140, 143. 

Foodstuffs, conditional contraband, 3; 
contraband, 9; Germany asks United 
States to see that foodstuffs and raw 
material are allowed to be imported 
into Germany, 35; American pro- 
posal that foodstuffs from neutrals 
to Germany be consigned to agents 
of American Government and not 
used for armed forces, 36; Great 
Britain not to place upon absolute 
contraband, 36; German reply, 37- 
38; importation into Germany 
through American agents acceptable 
to Germany, 38; British reply, 39-43; 
vessels sunk carrying, 41; for civil 
population, 41 ; stoppage a natural 
method of pressure to bear on enemy 
country, 42; declaration, November 
16, 1914, by British Prime Minister 
of intention to stop food supplies to 
Germany, 57; British Orders in 
Council stop supplies to Germany, 
151. 



Forage, conditional contraband, 3; 
contraband, 9. 

Forges, field, contraband, 3, 8. 

Forstreuter, Wilhelm, escape from in- 
ternment, 162, 166; to be returned, 
168. 

France, Ministry of Foreign Affairs, 
statement as to Sussex, 86, 89; reply 
to peace offer of Central Powers, 277- 
279 ; reply to peace suggestions of 
President Wilson, 292-295. 

Franklin, Benjamin, negotiated Treaty 
of 1785, 56. 

Franqui, Mr., represents Belgian Relief 
Committee, 237. 

Frederick the Great, negotiated Treaty 
of 1785, 56. 

Freedom of the seas, 44, 52; statement 
of German delegate to Second Hague 
Conference, 13; Germany fighting to 
re-establish, 34; United States hopes 
Germany will correct unfortunate 
impression created, 45; Germany 
hopes freedom will be guaranteed, 57 ; 
Germany glad to use good offices of 
President in bringing about, 60; 
United States obliged to insist upon 
it, and ready to act as common 
friend, 63. 

Fryatt, Captain, murder of, 294. 

Frye, William P., see William P. Frye. 

Fuel, conditional contraband, 3; ex- 
cept coal and coke, contraband, 9. 

Fumay, Germany gives assurance that 
foodstuffs imported for, will not be 
requisitioned, 250, 251, 253; Rocke- 
feller Foundation to furnish food- 
stuffs for, 251, 254. 

Furness Steamship Company, 22. 

Furniture, not contraband, 10. 

O. E. Dalzell, tug, German Ambassador 
asserts tug carried supplies to Brit- 
ish warships, 140, 143; German 
Ambassador asked for evidence, 143. 

Galicia, 281. 

Gallaher, Peter, taken prisoner on Ger- 
man prize ship Yarroicdale, 222. 

Oeier, warship, Locksun considered as 
tender to, 141-144; American rea- 
sons for internment of, 156; German 
protest, 157; Germany asked permis- 
sion for certain officers and orderlies 
of Oeier to travel freely, 157; per- 
mission refused, 158. 

Geneva Convention, 168, 169. 

Georgic, merchantman, sunk and crew 
brought to Swinemunde, on German 
prize ship Yarroicdale, 221-222. 

Gerard, James W., American Ambas- 



INDEX 



355 



sador to Germany (1913-1917), 1, 2, 
3, 4, 6, 7, 8, 11, 14, 17, 20-24, 27- 
29, 35, 37, 39, 44, 47, 50, 52, 56, 60, 
61, 64, 66-68, 71, 73-75, 78, 79, 80, 82, 
94, 96-98, 113-115, 118-120, 136, 164, 
167-169, 175, 177-181, 184, 187-189, 
191, 192, 193, 194, 214-215, 218, 220- 
222, 228, 231, 234-236, 239, 240, 242- 
243, 245-247, 249, 276, 279, 280, 282, 
287, 289. 

German Admiralty Proclamation of 
February 4, 1915, declaring waters 
around Great Britain and Ireland to 
be a war zone, 24-25; German memo- 
randum on, 25-27; American protest, 
27-29; reply to American protest, 
29-35. 

German-American trade, 151-155; Ger- 
man memorandum on exportation of 
arms and munitions (April 4, 1915), 
151-153; American reply, 153-155; 
United States at no time yielded 
any of its rights, 154; has acknowl- 
edged right of visit and search, 154; 
United States has attempted to se- 
cure agreement on trade, 154. 

German Bay of North Sea, 17-19. 

German Embassy, warning to travelers 
not to travel within war zone, 46. 

German Federal Council. See Ger- 
man Bundesrat. 

German prize ordinance, 2-4; amend- 
ments to, 4-11, 72, 111; Germany 
claims sinking of William P. Frye 
to be in accordance with, 176, 177; 
balloons and flying machines and 
their component parts, noncontra- 
band according to, 209. 

Germany, will conform to Declaration 
of London if other belligerents will 
do so, 1 ; German list of contraband 
of war (Sept. 4, 1914), 2-3; copper 
and lead to be conditional contra- 
band, 3-4; additional lists of con- 
ditional contraband (Nov. 23, 1914), 
4-5; additional contraband list, 5-8; 
modifications and amendments to 
German Prize Ordinance of Sept. 30, 
1909, 8-11; warns skippers ports are 
mined, 1 1 ; asserts that ng German 
port is blockaded, and North Sea is 
not infested by German mines, 11-12; 
sailing directions for neutral ships, 
12; replies to protest of British Gov- 
ernment against laying of Ger- 
man mines, 14-17; regulations for 
navigation of German Bay of North 
Sea, 17-19; states steamers Evelyn 
and Carib lost by following instruc- 
tions of boarding officer of British 



ship, 21; replies to note relative to 
sinking of steamers Evelyn and 
Carib, 22-23; will oppose sending of 
British troops to France, 24; warns 
vessels approaching north and west 
coasts of France, 24 ; proclamation of 
admiralty (Feb. 4, 1915), declaring 
war zone around Great Britain and 
Ireland, 24-25; memorial respecting 
retaliatory measures, 25-27; replies 
to American protest against ad- 
miralty proclamation, 29-35; re- 
ply to American note presenting 
draft agreement between Great 
Britain and Germany relative to sub- 
marine warfare, 37-38; note verbale 
from Foreign Office relative to ex- 
tent of war zone; Shetland Islands 
in war zone, but Faroe Isles not in- 
cluded, 39; statement by Bismarck 
as to foodstuffs being "contraband, 
42; statement relative to attacks 
made by mistake on neutral vessels 
by German submarines, 43-44; 
warning issued by German Embassy, 
46; replies to American note of 
May 13, 1915, relative to submarine 
warfare and sinking of the Lusi- 
tania, 47-50; replies further to 
American note of May 13, 1915, 
relative to sinking of Gulflight and 
attack on the dishing, 50-51; replies 
to second American note on the sink- 
ing of the Lusitania, 56-60; memo- 
randum from Foreign Office relative 
to sinking of the Nebraskan, 60-61 ; 
states no official information is 
available as to sinking of Arabic; 
regrets if American lives were lost, 
64; liners will not be sunk with- 
out warning, and without safeguard- 
ing lives of non-combatants, if no 
attempt to escape is made, 64-65; 
states English merchant ships fired 
on German submarines without chal- 
lenge, 65; replies relative to sinking 
of Arabic, 65-66; reports on attack 
on Orditna, 67-68; replies further on 
sinking of Arabic, 6S-71; regrets and 
disavows act and offers to pay in- 
aemnity, 70; reports on destruction 
of Leelanaio, acknowledges applica- 
tion of Prussian-American treaty, 
71-73; additional report relative to 
sinking of Arabic, 73-74; instructions 
relative to submarine warfare in 
Mediterranean, 74-75; German sub- 
marine did not sink Persia, 75; mem- 
orandum (March 8, 1916), relative 
to submarine warfare, 75-78; re- 



356 



INDEX 



plies to American note relative 
to Sussex, Manchester Engineer, Ber- 
windvale and Eagle Point, 80-82; 
replies to American note of April 18, 
1916, relative to Sussex, 90-94; 
merchant vessels within and without 
war zone not to be sunk without 
warning and without safeguarding 
human lives, unless vessels attempt 
to escape or offer resistance, 93; 
reports Bandoeing incident and 
warns masters of neutral vessels 
danger incurred by turning ships on 
submarine, 95; reports on sinking 
of Rowanmore and Marina, 99-100; 
further report on sinking of Rowan- 
more, 102-103; further report on 
sinking of Marina, 104; report rela- 
tive to sinking of Arabia, 105-106; 
report relative to sinking of Sebec, 
106; report relative to sinking of 
Lanao, 108; report relative to sink- 
ing of Columbian, 110-112; report 
relative to sinking of Delto, 113; re- 
port relative to sinking of Trippel, 
114; report relative to sinking of 
Lokken, 114-115; report relative to 
sinking of Barbara, 115; report rela- 
tive to sinking of Trevarraca, 115- 
116; memorandum protesting against 
American memorandum, relative to 
armed merchant ships visiting neu- 
tral waters, 118-119; note verbale 
and memorandum dated Feb. 10, 
1916, on armed merchantmen, with 
digest of cases, 120-135; status of 
armed merchantmen and com- 
ment of English newspapers, 135- 
136; note verbale with copy of 
English Admiralty order to mer- 
chantmen, 136-137; charges that 
tugs F. B. Dalzell and G. II. Dalzell 
carry supplies to British cruiser 
Essex, 140; inquires as to detention 
of Locksun, 141-142; protests against 
internment of Locksun, 142-143; 
memorandum relative to delivery 
of coal, etc., to warships constituting 
a violation of neutrality, 146-147; 
calls attention to fact that case of 
Locksun is identic with those of 
Mallina and Tremeadow, 147; 
Bundesrat resolution taking over 
grain, 151; memorandum on German- 
American trade and delivery of 
arms, 151-153; protest against in- 
ternment of Geier, 157; cites case of 
Major Robertson, 157; acknowledges 
courtesies shown H. M. S. Prinz 
Eitel Friedrich, 160; asks that H. M. 



S. Kronprinz Wilhelm be allowed to 
make repairs at Newport News, 160- 
161; asks that officers and crew of 
Prinz Eitel Friedrich be spared 
humiliation of having photographs 
made, 164-165; replies to note of 
Nov. 16, 1915, relative to escape of 
officers and men from interned ships, 
166; note relative to escape of offi- 
cers and men from Kronprinz Wil- 
helm and Prinz Eitel Friedrich, 
167-168; protests at detention of 
Odemcald, 170-171; replies to note 
March 31, 1915, relative to sinking 
of William P. Frye, 176-177; replies 
further to inquiry as to sinking of 
William P. Frye, 179-180; replies to 
note of June 26, 1915, relative to sink- 
ing of William P. Frye, 184-187; 
acknowledges treaty stipulations, 
and suggests commission to fix 
amount of indemnity, 186-187; replies 
to note of August 13, 1915, relative 
to sinking of William P. Frye, 189- 
191; objects to nomination of um- 
pire; suggests compromis, 189-191; 
orders issued not to destroy Ameri- 
can merchantmen loaded with condi- 
tional contraband if not possible to 
take ship into port, 191; copy of 
draft compromis in case of William P. 
Frye submitted 193-196; reports ar- 
rival of Appam at Newport News ; re- 
quests internment of military party, 
197; memorandum on Appam; holds 
ship not auxiliary cruiser, but prize, 
197-198; protests against filing of 
libel against Appam; asks that Dis- 
trict Attorney appear for Ambassa- 
dor, 200-203; objects to Appam being 
taken to wharf; withdraws request 
for appearance of District Attorney, 
202-203 ; memorandum requesting 
interpretation of treaty be referred 
to Permanent Court of Arbitration 
at The Hague, 204-205; protests 
against sale of hydroaeroplanes, 208; 
states Captain Boy-Ed and Captain 
von Papen have been recalled and 
asks for safe conduct for them, 212; 
requests security for transmission of 
messages referring to cotton transac- 
tions, 215; asks that American war- 
ships in Mediterranean display flag 
by day and lights by night, 216; Ger- 
man Ambassador states Foreign Of- 
fice has been asked whether any 
Americans were among Yarrowdale 
prisoners, 220; Foreign Office reports 
Americans among Yarrowdale pris- 



INDEX 



357 



oners, 221 ; list of Americans for- 
warded, 222 ; will be released at 
once, 222-223; Minister of Switzer- 
land reports release conditional to 
German snips in American waters 
not being seized and crews interned, 
223 ; Spanish minister informs 
American ambassador Yarrowdale 
will be set at liberty soon, 223; 
Yarrowdale prisoners detained owing 
to case of typhus fever in camp, 224- 
225; Minister of Switzerland re- 
ports transfer of prisoners will take 
place March 7, 1917; Spanish doctor 
approved quarantine, 227 ; Yarrow- 
dale prisoners left Germany, 227; 
note verbale on status of consular 
officers in occupied territory, 229 ; 
exequaturs cancelled, 229; answer to 
Belgian protest against cancellation 
of exequaturs of consular officers in 
occupied territory, 230-231 ; further 
reply to Belgian protest against can- 
cellation of exequaturs in occupied 
territory, 234; recognition of Ameri- 
can consuls at Antwerp, Liege, and 
Brussels, 235; recognition of Ameri- 
can consul at Warsaw, 235-236; will 
not interfere with neutral ships car- 
rying food for Belgium but unneutral 
ships must have proper certificates 
from German Ambassador at Wash- 
ington, 240; agrees to plan for pass- 
age of unneutral ships, 241; German 
Consul to issue safe conduct to 
enemy ships carrying food for Bel- 
gium, 241 ; passes issued for Ameri- 
cans with automobiles for food dis- 
tribution in Belgium, 242; note 
verbale relative to certificates of 
unneutral ships carrying food for 
Belgium, 243-244; gives assurance 
that no food or forage will be requi- 
sitioned which would have to be re- 
placed by importations of American 
Committee, 246; tax on imported 
foodstuffs removed and money re- 
funded, 247 ; gives assurance that 
foodstuffs imported from United 
States will not be used by military 
or naval authorities and will not 
reach government contractors, 252; 
note from German Minister at The 
Hague, promising safe passage for. 
Belgian Relief ships, 255; note rela- 
tive to deportation of Belgian work- 
men, 260; Regulations Concerning 
Idleness, 261-262; memorial on em- 
ployment of laborers in Germany, 
264-267; note proposing peace nego- 



tiations (Dec. 12, 1916), 274-275; 
note relative to reply of Entente 
to the peace overtures of Central 
Powers, 280-282; replies to Presi- 
dent Wilson's suggestion (Dec. 18, 
1916) of a conference on neutral 
grounds to discuss terms of peace, 
289-290; note and memoranda (Jan. 
31, 1917) announcing unrestricted 
submarine warfare, 299-301; Minis- 
ter of Switzerland sends notification 
of blockade of Arctic Ocean, 309-310; 
further information sent as to block- 
ade of Arctic Ocean, 310; proposed 
modification of treaty of 1799 as con- 
cerning treatment of citizens and 
property, 310-315; memorandum pre- 
sented through Minister of Switzer- 
land offering to negotiate differences, 
if blockade against England is not 
broken, 315; declaration of war 
against, 316-342; Flood Report on 
War with Germany, 326-338; Joint 
Resolution of American Congress de- 
claring a state of war to exist with 
Germany, 338-339; Proclamation by 
the President of the United States 
of the existence of a state of war 
with Germany, 339-342. 

Ghent, retention of American consul, 
Mr. Jansen at, 235. 

Gherardi, Commander, 21. 

Gibson, Hugh, Secretary of American 
Legation at Brussels, 237. 

Gilbert, Raymond, taken prisoner on 
German prize ship Yarrowdale, 222. 

Gilmore, Arthur, taken prisoner on 
German prize ship Yarrowdale, 222. 

Gilmore, Harry, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Givet, France, Germany gives assur- 
ance that foodstuffs imported for, 
will not be requisitioned, 251 ; 
Rockefeller Foundation to furnish 
foodstuffs for, 251, 254. 

Glass, declared not contraband by 
Germany, 11. 

Glemann, John, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Gold, in coin or bullion, conditional 
contraband, 3; contraband, 9. 

Good offices, United States acknowl- 
edges Germany's intimation of will- 
ingness to accept, in reaching agree- 
ment with Great Britain as to 
maritime warfare, 50, 55; Germany 
willing to accept, of United States, 
60. 

Goodwin, Dun, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 



358 



INDEX 



Grain, conditional contraband, 3; 
Bundesrat resolution taking over, 
151. 

Grasset, Rear Admiral, statement as 
to Sussex, 86, 87. 

Great Britain, protest against methods 
of Germany in mining the North 
Sea, 12-14; replies to American note 
of Feb. 22, 1915, suggesting modus 
vivendi; declares intention of stop- 
ping supplies of every kind to or 
from Germany, 39-43; protest against 
German violations of international 
law, 40; Order in Council, 76; Ad- 
miralty statement as to Sussex, 86; 
guns, gun-crews, and ammunition 
placed at disposal of ship-owners 
in 1913, 121; Prize Court rules, 
122; Orders in Council, 122, 151; 
will facilitate voyage only of ships 
to Rotterdam carrying whole cargo 
of food for Belgian Relief; all ships 
must be reported to commissions rep- 
resentative in New York and Wash- 
ington, 244; memorandum of A. J. 
Balfour relative to President Wil- 
son's suggestion for a conference on 
neutral ground, 295. 

Greve, Dr., director of North German 
Lloyd, German expert on indemnity 
in case of William P. Frye, 194. 

Grew, Joseph Clark, Secretary of Amer- 
ican Embassv, Berlin (Charge" d'Af- 
faires), 99-10*2, 104, 106-110, 112, 167, 
258, 259, 260, 274, 275. 

Grey, Sir Edward, 255. 

Gulflight, steamer, American note on 
torpedoing of, 44; answer to Ameri- 
can note, 48; German submarines 
and flyers ordered not to attack 
neutral vessels not guilty of any hos- 
tile act; investigation ordered by 
Germany, 48; Germany offered to 
submit inquiry to International Com- 
mission of inquiry, pursuant to Ar- 
ticle III of 1907 Hague Convention 
for Pacific Settlement of Interna- 
tional Disputes, 48; German expla- 
nation of sinking, 50; vessel believed 
by German submarine commander to 
be English, 50-51 ; American flag not 
observed till shot was fired, 51 ; 
steamer not on course, to or from, 
America, 51; expresses regret and 
offers recompense for damages sus- 
tained by American citizens, to be 
determined by an American and Ger- 
man expert, 51 ; American reply to 
German note of May 28, 1915, 52; 
sinking of, 326. 



Gun mountings, contraband, 3, 8. 
Gutta-percha, contraband, 9; goods 
made of, 9. 

Haematite iron ore, contraband, 9. 

Haematite, pig iron, contraband, 10. 

Hague Conventions, statement of Ger- 
man delegate to Second Peace Con- 
ference, on laying of mines, 13-14; 
ratification of convention relative to 
automatic contact mines not binding, 
15; Germany holds herself bound, 15; 
Germany willing to submit questions 
as to destruction of neutral ships to 
international commission according 
to Chapter III, Convention V 
(1907), 44; willing to submit Oulf- 
light case to Commission (1907), 
48; Convention XIII (1907), rela- 
tive to fitting out and arming of ves- 
sels, 145, 150; repair of ships under, 
156; application of Geneva Conven- 
tion to naval war, Convention X 
(1907), 168; Article I, Prize Court 
Convention, 187; Convention (1907) 
Pacific Settlement of International 
disputes, 190; in the case of the 
William P. Frye the United States 
prefers that arbitration of interpre- 
tation of Prussian-American treaties 
be by summary procedure, 193; Ger- 
many claims arrival of Appam under 
prize crew same as arrival with cap- 
turing warship, approved by Article 
23, of Hague Convention No. XIII, 
regarding neutrality in maritime 
war, 206; Germany claims hydro- 
aeroplanes war vessels whose de- 
livery should be stopped under Con- 
vention XIII (1907), 208; United 
States does not think the convention 
applies, 209-210; Belgian Govern- 
ment protested against cancelling 
of exequaturs of consuls, under 
Convention IV (1907), 229-230; 
Germany does not consider Conven- 
tion IV applies, 230, 223; answer 
of Belgium, 234. See also Per- 
manent Court of Arbitration at The 
Hague. 

Hainaut, no communication with parts 
of, 263. 

Hair, not contraband, 10. 

Hale, Edna, statement as to Sussex, 
87. 

Haniel von Haimhausen, Counselor of 
Imperial German Embassy, 4, 24, / 
161. 

Hans Libeau Employment Agency, 334. 

Harness, military, contraband, * 3, 9 ; 



INDEX 



359 



non-military, conditional contraband, 
3; contraband, 10. 
Harrington, David, taken prisoner on 
German prize ship Yarrowdale, 222, 
228. 

Hartly, John, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Hattfield, H., first mate of the Owego, 
98. 

Hatzfeldt, Trachenberg, Prinz von, 
Counselor of Imperial German Em- 
bassy, 216. 

Havenith, E., Belgian Minister to the 
United States, 230, 233. 

Hearley, John H., statement as to Sus- 
sex, 87. 

Hebrides, The, 19. 

Hemp, raw, declared not contraband 
by Germany, 10. 

Herrick, Myron, American Ambassador 
to France, 239. 

Herschel Spillman Motor Company, 
208. 

Hesperian, attack on, 328. 

High seas, Germany merely followed 
example of Great Britain in declar- 
ing high seas an area of war, 59. 
See also, Freedom of the Seas, Mine 
Areas, etc. 

Hindenburg, General von, criticized 
policy of General von Bissing, 268. 

Hinkley, Harald. taken prisoner on 
German prize ship Yarrowdale, 222. 

Hitchmough, Louis, taken prisoner on 
German prize ship Yarroicdale, 222. 

Hoffman, Heinrich, escaped from in- 
ternment, 162; to be sent back, 
168. 

Hoover, Herbert, chairman Belgian Re- 
lief Committee, 238, 254. 

Hops, declared not contraband by Ger- 
many, 11. 

Horns, not contraband, 11. 

Horseshoes and shoeing material, con- 
ditional contraband, 3; contraband, 9. 

Houser, M. H., charter party of Wil- 
liam P. Frye, 175. 

Huerta, Victoriano, 153. 

Hutchins, William, taken prisoner on 
German prize ship Yarrowdale, 222. 

Hutchinson, John, taken prisoner on 
German prize ship Yarrowdale, 222. 

Hydroaeroplanes, non-contraband char- 
acter of, 208-210; German Ambassa- 
dor protests against American firms 
supplying hydroaeroplanes to Entente 
Allies, 208 ; must be regarded as war 
vessels whose delivery should be 
stopped under Convention 13 of Sec- 
ond Hague Conference, 208 ; not men- 



tioned in convention because not in- 
vented at time, 208; American reply 
to German note, 209; not a vessel, 
but an aircraft, 209-210; not a war 
vessel, hence obligations imposed by 
treaty and international law not 
applicable to aircraft, 209; German 
Prize Ordinance makes flying ma- 
chines conditional contraband, 210. 
Hynes, Harry, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Idleness, German regulations concern- 
ing, 261-262. 

Ilaro, Hans, 20. 

Implements and apparatus used in mak- 
ing munitions, German contraband, 3. 

Indian Nationalist Party, 331-332. 

International law, right and duties of 
United States and citizens to be de- 
fined by existing rules, 2; memorial 
of Germany respecting retalia- 
tion for England's violation of, 25- 
27 ; Germany has scrupulously ob- 
served, while England has disre- 
garded, 29-30; neutrals not able to 
stop England's violations of, 30; 
Germany fighting to re-establish free- 
dom of the seas, 34; British protest 
against German violations in treat- 
ment of civilians in Belgium and 
France, 39; United States relies upon 
universally recognized understand- 
ings of, 55; all distinction between 
merchantmen and war vessels oblit- 
erated by British in direct contra- 
diction to, 58; Germany admits sub- 
marines as used, to be contrary to, 
58; United States believes maritime 
warfare can be conducted in accord- 
ance with accepted principles of, 62; 
noncombatant Germans taken on high 
seas by British in violation of, 77 ; 
neutral trade with Germany pre- 
vented by British in violation of, 77 ; 
interception of mails by British in 
violation of, 77; British extension of 
contraband in violation of, 77 ; British 
blockade in violation of, 77; sub 
marine war not in accordance with 
86; Germany states submarine com 
manders have orders to conduct war 
fare in accordance with, 90; Ger 
many insists it was not Germany 
but Great Britain which ignored 
91; German people know United 
States has power to confine the war 
to the armed forces in the interest 
of humanity and international law, 
92; merchant vessels within and 



360 



INDEX 



without war zone will not be sunk 
without warning and saving hu- 
man lives according to, 93; in 
consequence of this order, it is not 
doubted the United States will de- 
mand of Great Britain observance 
of, 93; if steps taken by United 
States be not successful Germany- 
reserves right of liberty of decision, 
94; resistance of merchant ship con- 
trary to, 118; Germany considers 
any warlike activity of armed mer- 
chantmen contrary to, 122; princi- 
ples stated in German memorandum 
on armed merchantmen not opposed 
to, 136; Germany considers view 
of United States that delivery of 
coal by tender is violation of neu- 
trality, untenable in, 146; American 
view would permit war material to 
go to Germany's enemies, 147 ; 
makes a difference as to furnish- 
ing supplies, 149; British Orders in 
Council modify, 151 ; seizure of 
American ship Wilhelmina carrying 
foodstuffs, a violation of, 151 ; de- 
lay of United States in securing re- 
lease of Wilhelmina, amounts to de- 
nial and Germany assumes United 
States acquiesces in violations by 
Great Britain, 152; any change in 
neutrality laws by the United States 
during present war would be viola- 
tion of, 155; Germany claims sinking 
of William P. Frye according to, 176, 
177; right of control over trade in 
contraband subject to prize court 
according to rules of, 180; no obliga- 
tion as to compensation for sinking of 
William P. Frye according to, 186; 
United States does not consider that 
hydroaeroplanes come under rules 
applicable to aircraft, 209; deporta- 
tions of civilians from Belgium con- 
trary to, 259, 260; violation by Ger- 
many, in Belgium, 291-292. See also 
Declaration of London, Freedom of 
the Seas, etc. 

Internment of German vessels, 156- 
161. 

Italia Irrendenta, 296. 

Ivory, declared not contraband by Ger- 
many, 11. 

Jade, river, 17-19. 

Jagow, von, German Minister for For- 
eign Affairs, 35, 38, 50, 51, 60, 67, 
74, 82, 103, 177, 180, 187, 191, 195, 
204, 219. 

Jansen, American consul at Ghent, 



Germany has no objection to reten- 
tion of, 235. 

Japan, 39, 204. 

Jefferson, Thomas, negotiated Treaty of 
1785, 56. 

Jute, raw, declared not contraband by 
Germany, 10. 

Kashgar City, steamer, fired on sub- 
marines, 135. 

Kaspar, seaman, escaped from intern- 
ment, 163. 

Kenedy, William, taken prisoner on 
German prize ship Yarroicdale, 222. 

Kepny, Dr., director North German 
Lloyds, appointed German expert on 
commission to determine damages in 
case of William P. Frye, 190. 

Kiel Chamber of Commerce, 42. 

Koch, Lieutenant, escaped from intern- 
ment, 162, 166; return asked, 168, 
169. 

Kroneck, Kreuger, escaped from in- 
ternment, 162, 166; to be returned, 
168; will not be released under 
Geneva Convention, 169. 

Kronprinz Wilhelm, H. M. S., German 
Ambassador requests permission to 
land, at Newport News, crews of 
enemy ships sunk by her, and make 
repairs, requiring longer stay than 
24 hours, 160; United States granted 
ten days for repairs, 161; not to 
depart till 24 hours after vessel of 
an opposing belligerent has departed 
from same port, 161; escape of in- 
terned officers and men from, 162- 
167. 

La Correntia, British steamer, German 
Government claims steamer had guns 
mounted aft, 121. 

Lacks, not contraband, 10. 

Laertes, steamer, false flag used by, 33. 

Lambert, Baron, represents Belgian Re- 
lief Committee, 237. 

Lanao, steamer, United States inquires 
into sinking of, 101; Germany re- 
ports steamer sunk because enemy 
ship, carrying contraband, 108 ; orig- 
inally owned by Findlay Millar S. S. 
Co., of Manila, sold in July, 1916, to 
Hannevig Bros, of London, sailing 
under English flag, 108. 

Lansing, Robert, Counselor of Depart- 
ment of State (March 27, 1914-June 
9, 1915) ; Secretary of State ad in- 
terim (June 9, 1915-June 23, 1915) ; 
Secretary of State (June 23, 1915—), 
20, 56, 63, 71, 73, 79, 86, 89, 95, 



INDEX 



361 



97, 98, 100-102, 107-109, 116, 118, 
120, 138, 141-144, 147, 148, 156, 159, 
161, 164, 165, 184, 189, 193, 202, 207, 
211, 212, 213, 217, 220, 224, 237-239, 
248, 254, 259, 276, 279, 287, 289, 305, 
315, 316, 317. 

Lathes, contraband, 9. 
La Vere, Harry, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Lead, conditional contraband, 3-5; con- 
traband, 10. 

Lead ore, contraband, 9. 

Leather, contraband, 10. 

Leelanaw, steamer, United States in- 
quires as to sinking of, 64; Germany 
reports vessel sunk because of contra- 
band cargo of flax, 72; crew put safe 
ashore, 72; ship's papers sent to 
prize court at Hamburg, 72; special 
provisions of Prussian-American 
Treaty of 1799 to be considered, 73; 
American shipping interests rep- 
resented by Hamburg attorney, 73; 
United States denies owners are rep- 
resented before Hamburg Prize Court, 
74; LTnited States refuses to submit 
question of indemnity to German 
Prize Court, 74 ; insists amount of in- 
demnity must be settled by diplo- 
matic negotiations, 74. 

Lena, steamer, escape and return of 
three officers from the Russian ship 
Lena, interned, 163. 

Leo, steamer, attacked, 328. 

Liege, Germany willing to allow allied 
and neutral consuls in, 229; Ger- 
many has no objections to American 
consul at, 235. 

Lignum vitae, not contraband, 4. 

Limbers, and boxes, contraband, 3, 8. 

Lime, declared not contraband by Ger- 
many, 11. 

Linkmoor, steamer, instructions to 
British merchant vessels passing 
through the Mediterranean, 135. 

Listertief, buoy, 17-19, 22, 23. 

Locksun, considered a tender to the 
Oeier, 141-145, 147; internment of, 
157. 

Logan, John A., Jr., Major U. S. A., 
statement as to Sussex, 87, 88. 

Lokken, steamer, United States inquires 
into sinking of, 107; Germany re- 
ports ship captured and sunk, loaded 
with contraband for enemy, after 
crew was placed in safety, 114. 

London, Declaration, see Declaration of 
London. 

Lubricants, conditional contraband, 3; 
contraband, 9. 



Lucey, Captain, Belgian Relief Com- 
mittee, 248. 

Lumber, conditional contraband, except 
lignum vitae, palisander, ebony, 4; 
mining, conditional contraband, 9; 
all kinds except mining, tar of char- 
coal, are contraband, 10. 

Lusitania, steamer, use of neutral flag 
by, 33; first American note on sink- 
ing (May 13, 1915), 44-47; German 
reply (May 28, 1915), 47-50; not 
an unarmed merchant vessel but 
auxiliary cruiser according to navy 
list of British Admiralty, 49; was 
armed with guns mounted under 
decks and masked, 49; carried 
Canadian troops and munitions of 
war, 49; rapid sinking due to ex- 
plosion of cargo of ammunition 
caused by the torpedo, 49; final 
statement by Germany reserved with 
regard to other demands of Ameri- 
can note, 50; second American note 
on sinking (June 9, 1915), 52-56; 
United States denies that ship was 
armed, or carrying Canadian troops, 
or cargo of ammunition, 53; carriage 
of cargo of ammunition and explo- 
sion on board, irrelevant to question 
of legality of German methods in 
sinking vessels, 54; evidence of 
charges asked for, 54; German reply 
(July 8, 1915), 56-60; case shows to 
what jeopardizing human lives man- 
ner of conducting war employed 
by German adversaries leads, 58; 
submarine commander could not have 
caused crew and travelers to put off 
boat before firing torpedo, 58 ; mighty 
ship could be expected to remain above 
water long enough for escape of pas- 
sengers and crew, 58; if ship had 
been spared ammunition sent to Ger- 
many's enemies would have robbed 
German mothers and children of sup- 
porters, 58; American answer, July 
21, 1915 (third note), 61-63; Ger- 
man Ambassador states liners will 
not be sunk without warning and 
without safety of lives of noncom- 
batants, if liners do not attempt es- 
cape or resistance, 65; question not 
to be discussed till Arabic question 
is settled, 65; sunk without warning, 
85; report on, 326, 329. See also, 
Submarine warfare. 

Lustfeld, Julius, escaped from intern- 
ment, 162; to be returned, 168. 

Luxemburg, no communication with 
parts of, 263; violation of, 293. 



362 



INDEX 



Maar Tensdyk, steamer, interned Ger- 
man seaman Kaspar attempted to 
board, 163. 

McCarthy, John, taken prisoner on 
German prize ship Yarrowdale, 222. 

McFarren, Thomas, taken prisoner on 
German prize ship Yarrowdale, 222. 

McGreal, — taken prisoner on German 
prize ship Yarrowdale, 222. 

Machines, for agriculture, mining, tex- 
tile industry and printing, not con- 
traband, 10. 

McHughes, Frank, taken prisoner on 
German prize ship Yarrowdale, 222. 

McKellar, Will, taken prisoner on Ger- 
man prize ship Yarroicdale, 222. 

McKim, Evans Orville, Dr., taken pris- 
oner on German prize ship Yarrow- 
dale, 222; in prison camp at Karls- 
ruhe, 225. 

Madigans, Keems, taken prisoner on 
German prize ship Yarrowdale, 222. 

Mahlow, Otto, safe conduct asked and 
granted for, 212. 

Mails, interception of, by Great Britain 
contrary to international law, 77; 
transmission of mail of American 
diplomatic and consular offices, 214- 
215; American note, 214; rules es- 
tablished by Department of State, 
214-215. 

Malines, report on requisition of Bel- 
gian workmen from, 270-273. 

Hallina, steamer, tender to British 
cruisers, 147-148. 

Mallon, Edward, taken prisoner on 
German prize ship Yarrowdale, 222. 

Malta, 105. 

Manchester Engineer, steamer, Amer- 
ican inquiry as to sinking, 79; Ger- 
many asks further information con- 
cerning, 80. 

Manganese, contraband, 10. 

Manganese ore, contraband, 9. 

Marble, not contraband, 11. 

Marco, John, taken prisoner on German 
prize ship Yarrowdale, 222. 

Marina, steamer, Germany states in- 
quiry is being made into sinking, 100; 
ship sunk without warning because 
believed to be a horse transport, 
104; United States informs Germany 
vessel was neither chartered nor 
requisitioned by Great Britain, but 
carried animals consigned to Great 
Britain, 109; further inquiries be- 
ing made of Great Britain, 109; 
British Government in no way con- 
nected with, 112. 

Maritime war, United States suggests 



agreement between Great Britain and 
Germany on rules of, 35-37; German 
reply, 37-38; British reply, 39-43; 
vessels captured by Great Britain, 
57; Germany hopes way will be 
found to regulate, guaranteeing free- 
dom of seas, 59; Germany will al- 
ways be glad to make use of good 
offices of President to approach Great 
Britain with reference to alteration 
of, rules of, 60; United States believes 
war can be conducted by submarines 
in accordance with accepted princi- 
ples of, 62; refuses to acknowledge 
right of any belligerent to alter 
rules of, 155. See also, Freedom of 
the seas, International law, Mine 
areas, Submarine warfare, etc. 

Mars, German scoutship, 20. 

Martin, Thomas, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Mauberge, 253. 

Mediterranean, German regulations re- 
specting submarine warfare in, 74- 
75; German submarines ordered to 
conduct warfare in accordance with 
principles of international law in, 74; 
reprisals forbidden, 75 : merchantmen 
only to be destroyed after passengers 
and crews are accorded safety, 75; 
all vessels destroyed to be made sub- 
ject of investigation and submitted 
to prize court, 75; British Admi- 
ralty instructions to armed merch- 
antmen in, 135; Germany asks that 
warships display flag by day and be 
sufficiently lighted by night, 216; 
American reply, 217-218; cannot 
agree to suggestion, 217; submarine 
warfare in, 329. 

Merchant vessels, German proclamation 
(Feb. 4, 1915) relative to, 24-25; 
not to resist submarines, 38; sunk 
by German submarines, 41; cap- 
tured merchant vessels to be taken 
before prize courts, 41 ; to be sunk 
without notice, 41 ; submarines can- 
not be used against, 45-46; German 
claim that Falaba sought to escape 
capture by flight, does not relieve 
captor from safeguarding lives of 
persons on board, 52-53; noncom- 
batants cannot be put in jeopardy, 
55; character and cargo must be 
first ascertained before seizure or 
destruction, 61-62; British merchant 
vessel fired on submarine in Irish Sea, 
without challenge, 65; German sub- 
marines in Mediterranean ordered to 
conduct warfare against enemy, in 



INDEX 



363 



accordance with principles of inter- 
national law, 74-75; only to be de- 
stroyed after passengers and crews 
have been accorded safety, 75; all 
vessels destroyed to be made subject 
of investigation and submitted to 
prize court, 75 ; suspected of carrying 
supplies to belligerent warships, 116, 
117, 138-150. See also Armed Mer- 
chant Vessels. 

Metals, conditional contraband, 10; 
contraband, 10. 

Meuse River, 254. 

Mexico, American policy towards, 152; 
lifting of embargo on arms to, 153. 

Middleton, Harry, taken prisoner on 
German prize ship Yarroudale, 222. 

Military occupation, Belgian Govern- 
ment holds that it confers upon oc- 
cupied State only de facto possession 
of occupied territory and right to 
cancel exequaturs cannot be derived 
from that title, 229-230, 234; Ger- 
many does not consider this correct, 
230-233. 

Military wagons, contraband, 3. 

Mine areas, 11-23; German Foreign 
Office reports German ports mined, 
11; protest of Great Britain against 
German mines in North Sea, 12-14; 
reply of Germany to protest of Great 
Britain, 14-17; denial that German 
mines were laid by fishing vessel, 15; 
states mines were laid as close as 
possible to anchoring grounds, 15; 
denies neutral trade routes blocked, 
15; denies mining North Sea, 19; 
agreement suggested by United 
States, 36: German reply to Ameri- 
can suggestion, 37; Germany willing 
to agree not to use, 37 ; Germany 
willing to put Government stamp on 
mines, 37 ; Germany does not con- 
sider it feasible to wholly forego use 
of anchored mines, 37 ; British reply 
to American suggestion, 39-43 ; ac- 
cuse Germans of laying mine fields on 
high seas, 41 ; mines laid without 
warning, 41; Germany charges mines 
are poorly anchored by Great Britain, 
57. 

Mining machines, not contraband, 10. 

Mining lumber, contraband, 9. 

Moewe, H. M. S., captured the Appam, 
137. 

Moffat, Walter, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Molybdenite, contraband, 9. 

Molybdenum, contraband, 10. 

Money, gold and silver in coin, condi- 



tional contraband, 3; contraband, 9; 

paper, conditional contraband, 3; 

paper, contraband, 9. 
Montgelas, Count, Imperial German 

Foreign Office, 222. 
Mother-of-pearl, not contraband, 10. 
Motor vehicles, contraband, 9 ; rubber 

tires for, contraband, 9. 
Mouffet, Captain, statement as to Sus- 
sex, 86, 87. 
Mount Temple, merchantmen, sunk 

and crew brought to Swinemunde, 

221, 222. 
Munitions of war. See Arms and 

munitions. 
Murphy, Dominic, Consul General at 

Sofia, 290. 
Murphy, George, seaman on the 

Rowanmore, 99. 

Nachrichten fur Seefahrer, 17-19, 21, 
23. 

Nautical instruments, conditional con- 
traband, 3; contraband, 8. 

Naval vessels, to display distinguishing 
marks, 216-219. 

Naval warfare, see Maritime warfare. 

Nebraska^, S. S., inquiry made of Ger- 
many as to attack on, 52; German 
reply to American note relative to 
attack on, 60-61 ; attacked because 
flying no flag and unmarked, 61 ; 
Germany willing to pay indemnity, 
61; attack on, 327. 

Netherland coast, 25. 

Netherland Postal and Telegraphic 
Service, 250. 

Neutral flag. See Flag, false use of. 

Neutral ports, use as base of naval 
operations, 149. 

Neutrals, German Navy instructed to 
restrain from violence against ships 
of, 26; rights of, 28; neutral 
ships, warned by Germany, to avoid 
danger zone, 32; American Govern- 
ment suggests basis for agreement 
for protection of, 35-37; reply of 
Germany, 37-38; reply of Great 
Britain, 39-43; not to be attacked in 
war zone if guilty of no hostile act, 
43; even if carrying contraband are 
dealt with according to rules of in- 
ternational law, 43; if meeting with 
harm in war zone by mistake, Ger- 
many will recognize the responsibil- 
ity therefor, 43 ; immediate investi- 
gation to be had when neutral ships 
are sunk, 43; if neutral government 
is not satisfied, Germany is willing 
to submit question to international 



364 



INDEX 



commission according to Chapter III 
of Hague Convention for peaceful 
settlement of international disputes, 
44; United States cannot admit proc- 
lamation of war zone warning neu- 
tral ships, 55; Germany offers to 
allow certain number of neutral 
passenger ships to travel through war 
zone, 59; if neutral ships are not 
available, four enemy ships may be 
placed under American flag, 60; based 
on principle, not expediency, 62. 
United States refuses the offer, 63. 
See also, Submarine warfare, Mari- 
time war, etc. 

Neutral trade, memorial of Germany 
respecting interference by England, 
25-27; with Germany, 31; United 
States cannot discuss policy of Great 
Britain with Germany, 62; prevented 
by British Blockade, 77. 

Neutrality, Germany asserts American 
rule as to status of armed merchant 
vessels visiting American ports vio- 
lates, 118; Germany considers un- 
tenable in international law, the view 
of United States, that delivery of 
coal by tenders to warships violates 
neutrality, 146; proclamation of 
United States, 146; trade in contra- 
band, 148; if it is the will of Amer- 
ican people that there shall be true 
neutrality the United States will 
find means to protect trade with 
Germany, 152; policy toward Mexico, 
152; American reply, 153-155; plac- 
ing embargo on trade in arms would 
be violation of American, 155 ; 
American neutrality founded on 
firm basis of conscience and good 
will, 155; any change in neutrality 
law would be violation of strict, 155. 

Nickel, conditional contraband, 7-8; 
contraband, 10. 

Nickel ore, contraband, 9. 

Nicosian, British mule ship attacked, 
328. 

Nitric acid, contraband, 9. 

Nolte, Dr., escaped from internment, 
163; to be returned, 168. 

Noncombatants, neutral or belligerent 
cannot be put in jeopardy by capture 
or destruction of unarmed merchant- 
men, 45; United States believes lives 
put in jeopardy through error of com- 
mander and not by order of German 
Government, 46; expects German 
Government to disavow acts, 47; 
United States insists cannot be put 
in jeopardy, 55-56. 



Norddeutscher Lloyd Company, steamer 
Locksun belongs to, 141. 

Norderney, 20. 

Nordhind, lightship, 51. 

Normandie, American bark, loaded 
with lumber, allowed by German 
submarine to proceed, as it was not 
possible to guarantee the crew 
would be rescued in small boats if 
ship were sunk, 67-6S. 

North Africa, 281. 

North German Gazette, 136. 

North Sea, British protest against 
German mine laying in, 12-14; Ger- 
many denies sowing mines in, 12; 
reply to British protest, 14-17; min- 
ing of, 17-19; German sailing direc- 
tions, 17-19; declared war area by 
Great Britain (Nov. 3, 1914), 57, 76. 

Norway, 26. 

Norwegian coast, 19. 

Notice to mariners (British Admiral- 
ty), 17-19. 

Nyberg, John, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Occupied territorv, status of consular 
officers in, 228-236. 

Ocmulgee, steamer, 23. 

Odenicald, steamer, German Ambassa- 
dor protests against refusal of clear- 
ance papers, 170-174 ; attempted to sail 
without papers, and was fired on, 170; 
reply of United States, 171-174; ship 
refused clearance papers, for suffi- 
cient reasons, 172; committed a 
breach of navigation laws of United 
States by attempting to sail without 
papers, 172. 

Ogran, Charles, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Orders in Council, 76, 122, 151. 

Orduna, steamer, reply of Germany to 
inquiry as to attack on, 67-68; ves- 
sel flew no flag and bore no neutral 
markings, 67 ; did not stop when 
warning shot was fired, 67 ; attack 
by torpedo contrary to instructions; 
will not occur again, 68; attack on, 
328. 

Ore nickel, chrome haematite, iron and 
lead, contraband, 9. 

Orkney Islands, 19, 39. 

Osmulgu, steamer, 22. 

Ottoman Empire. See Turkey. 

Oicego, steamer, American inquiry made 
as to attack on, 96; German reply 
96-97; vessel flew no flag, and failed 
to stop until eleven shots had 
been fired, 96-97; Germany considers 



INDEX 



365 



steamer did not behave in accordance 
with international practice in not 
stopping when ordered, 97 ; American 
reply, 97-99; captain heard firing, 
hut no shots were fired across bow 
until submarine came in sight, and 
as there was no wind to unfurl flags, 
could not understand signals, 97 ; 
captain thought boarding party 
should board his vessel instead of 
his going to any foreign warship, 
97; statement of master of Owego, 
98-99. 
Oxides of antimony, contraband, 10. 

Pack animals, contraband, 3, 9. 
Page, Walter Hines, American Ambas- 
sador to England, 12, 237, 244, 255, 
256, 263, 276, 284. 
Paints, declared not contraband by 

Germany, 11. 
Palisander, not contraband, 4. 
Papen, Captain von, Military Attache" 
of German Embassy recall asked by 
United States, 210-215; recall again 
asked, 211; German Ambassador 
states Emperor has recalled, and asks 
safe conduct for officer and servant, 
212; safe conduct granted by En- 
tente Allies, 212; notified to take 
southern route to Holland and per- 
form no unneutral service such as 
carrying dispatches to German Gov- 
ernment, 213; passports sent, 213; 
activities of, 331, 333, 334. 
Paper, not contraband, 11. 
Paper money, conditional contraband, 

3; contraband, 9. 
Paris, Economic Conference of, 300. 
Paris, Declaration of, see Declaration 

of Paris. 
Parker, James, taken prisoner on Ger- 
man prize ship Yarroiodale, 222. 
Passenger steamers, British passenger 
steamer fired on German submarine 
in Bristol Channel, 65; Americans 
traveling on these vessels do so at 
own risk, 65. 
Peace, note from Central Powers (Dec. 
12, 1916) proposing entry into peace 
negotiations, 274-284; note trans- 
mitted to Entente Powers, 276; re- 
ply of Entente Powers, 277-279; re- 
ply of Entente Powers transmitted 
to Central Powers, 279; answer of 
Germany to reply of Entente Powers, 
280-282; answer of Austria-Hungary 
to reply of Entente Powers, 282-284; 
suggestion of President Wilson that 
early occasion be sought to call from 



all belligerents views as to terms of 
peace, and a conference be held on 
neutral ground, 284-298; note to Al- 
lied Powers, 284-287; note to Cen- 
tral Powers, 287-289; reply of Ger- 
many, 289-290; reply of Bulgaria, 
290-291; reply of Belgium, 291-292; 
reply of Entente Powers, 292-295; 
letter from A. J. Balfour, in regard 
to President's suggestion, 295- 
298. 

Pearls, not contraband, 10. 

Penfield, Frederick Courtland, Amer- 
ican Ambassador to Austria-Hun- 
gary (1913-1917), 284. 

Permanent Court of Arbitration at The 
Hague, Germany offers to submit 
Arabic case to, 66; Germany willing 
to submit question of Prussian- 
American treaties to, 187 ; United 
States accepts offer to submit ques- 
tion of indemnity and treaties to, 
189; Germany suggests compromis 
be arranged by Foreign Offi-e and 
American Embassy, 190; United 
States agrees as to compromis, 193; 
prefers arbitration by summary pro- 
cedure of Hague Arbitration Con- 
vention to longer form of arbitra- 
tion before, 193; text of draft com- 
promis submitted by Germany, 195- 
196; Germany proposes conditionally 
to submit case of the Appam to, 
204. 

Persia, steamer, Germany denies Ger- 
man submarine sunk, 75; American 
consul lost on, 329. 

Petrolite, American steamer attacked, 
329. 

Phillips, Sir Owen, president of Mail 
Steam Packet Company, informed 
stockholders, January, 1914, large 
steamers were armed, 121. 

Plata, steamer, fired on submarines, 
135. 

Pohl, von, Chief of the Admiral Staff 
of German Navy, 25. 

Polk, Frank, Counselor of Department 
of State, 258. 

Port Said, 105. 

Portsmouth, England, 88. 

Portugal, reply to peace offer of Cen- 
tral Powers, 277-279. 

Powder, prepared for war, contraband, 
3, 8; not prepared for war, condi- 
tional contraband, 3. 

Precious stones, not contraband, 10. 

President, steamer, 173. 

Printing machines, not contraband, 10. 

Prinz Eitel Friedrich, H. M. S. intern- 



366 



INDEX 



ment of, 159, 160; escape of interned 
officers and men from, 162-164; sunk 
William P. Frye, damages asked for 
owners and captain, 175-179. 

Prisoners of war, British protest 
against barbarous treatment by Ger- 
many, 40; British proposal of a 
commission of American officers be 
permitted to inspect prison camps 
not accepted by Germany, 40. 

Private property at sea, Count Caprivi 
on protection of, 42. 

Prize courts, captured merchant vessels 
should be taken before, 41 ; case of 
destroyed merchant ships to be taken 
before German. 75. 

Projectiles, contraband, 8. 

Prussian-American treaties, 1799, 1785, 
1828, bind two countries by special 
ties, 47; treaty of 1785 negotiated 
by Frederick the Great, Adams, 
Franklin, and Jefferson, 56; Ger- 
many asserts case of Leelanaw falls 
under Article XIII of Treaty of 1799, 
73; United States claims destruction 
of William P. Frye a violation of, 
178; Germany does not admit such 
destruction was a violation, 179; did 
not have intention of depriving one 
of parties of right of stopping con- 
traband, 179; treaty gives right 
to party at war to stop and detain 
contraband, hence right of de- 
struction follows, 179-180; obliga- 
tion of party to pay remains in 
force whatever be manner of stop- 
ping, 180; treaties contain no pro- 
vision as to how amount of com- 
pensation is to be fixed, 180; no 
foundation for claim of American 
Government unless prize court should 
not grant indemnity in accordance 
with, 180; United States does not 
find treaty justifies sinking of Wil- 
liam P. Frye and does not consider 
German Prize Court has jurisdiction 
over question of indemnity, 181; 
notes with surprise Germany de- 
sires to raise questions as to mean- 
ing and effect of, 181; does not 
authorize destruction of neutral 
vessel, 182; prohibits detention of 
vessel carrying contraband if master 
is willing to surrender contraband, 
182; whether cargo of William P. 
Frye was contraband or not, the de- 
struction of vessel a violation of, 
183; discussion of treaty provisions 
cannot properly be referred to Ger- 
man Prize Court, 183; real question 



is what reparation must be made for 
treaty violation, 183; decision of 
prize court not binding on United 
States, 184; cannot recognize pro- 
priety of submitting claim to Ger- 
man Prize Court, 184; United States 
not concerned with what Germany 
may do as to other claims of neu- 
trals, 184; asks Germany to recon- 
sider subject and submit claim to 
diplomatic negotiations, 184; reply 
of Germany, 184-187; Germany can- 
not accept views of United States, 
185; intention of Article XIII, of 
Treaty of 1799, 186; legality of sink- 
ing a subject for prize court, 187; 
decision of prize court recognized 
validity of treaties making Germany 
liable for loss of American property, 
187; suggests appointment of experts 
to fix damages, 187 ; expressly de- 
clares satisfaction is not made for 
violation of treaty rights, but a duty 
or policy of Germany founded on 
existing treaty stipulations, 187; if 
United States does not agree to this 
Germany is willing to submit ques- 
tion of treaties to Permanent Court 
at The Hague, 187; reply of United 
States, 188-189; United States ac- 
cepts offer to submit question of in- 
demnity to two experts, 188; United 
States accepts offer to submit treaty 
interpretation to the Permanent 
Court at The Hague, 189; necessary, 
pending award, to have agreement 
as to naval operations of Germany, 
189; agreement by United States 
and Germany as to mode of proce- 
dure, for submission of question, 189- 
196; case of the Appam, 197; Ger- 
man Ambassador informs Depart- 
ment of State of arrival of Appam 
captured by H. M. S. Moewe and in- 
tention of commanding officer to stay 
in an American port until further 
notice, in accordance with Prussian- 
American Treaty of 1785, 197; 
memorandum from German Em- 
bassy states ship must be dealt with 
according to Prussian-American 
Treaty of 1799; under Treaty of 
1799, ship is authorized to stay in 
American ports as long as she 
pleases, 108-199; dismissal of libel 
against ship asked, 198; Ameri- 
can reply to German note and 
memorandum, 199-202; treaties do 
not apply to Appam, which was not 
accompanied by ship of war, but 



INDEX 



367 



came into port alone in charge of 
prize master and crew, 201; treaty 
allows masters of capturing vessels 
privilege of carrying out prizes 
again to places expressed in their 
commission; commission of Lieuten- 
ant Berg directs him to lay up in an 
American port, 201 ; treaty contem- 
plates temporary asylum for vessels 
of war with prizes, not deposit of 
spoils of war in American port, 201 ; 
German reply, 202-205; asks sub- 
mission to Hague Court of applica- 
tion of treaty to Apparn, status of 
ship to remain unchanged during 
proceedings, 204; bringing ship in 
under prize crew same as under a 
captor ship, 204; treaties do not re- 
quire mention of German port in 
commission of captor, 205; right of 
asylum continues as long as 
prize crew is aboard and danger of 
capture exists, 205; so long as right 
exists courts do not have jurisdic- 
tion, 205; opinion of Department of 
State that American courts must de- 
cide claims of British shipping com- 
pany incompatible with treaty stipu- 
lations, 205; American reply, 205-207; 
agrees that treaty was made to cover 
different mode of warfare, 206; does 
not believe treaty intended to cover 
permanent asylum, 206; cannot agree 
to allow status quo to remain unchang- 
ed while interpretation of treaty is 
submitted to Hague Court, 207 ; pro- 
posed modification of Treaty of 1799 
as concerns treatment of citizens and 
property, 310-315; proposal of Ger- 
many, 310-312; American reply, 311- 
315. 

Quebracho wood, conditional contra- 
band, 6; not fuel, 6; in logs, contra- 
band, 6. 

Queenstown, 79. 

Radoslavoff, Dr., Foreign Minister of 
Bulgaria, 291. 

Railway materials, conditional contra- 
band, 3; contraband, 9. 

Range finders, contraband, 9. 

Raw material, importation into Ger- 
many, 38. 

Rebecca Palmer, schooner, attack on, 
112. 

Reichs-Gesetzblatt, August 3, 1914, 2, 3, 
6-8. 

Rein, Heins, taken prisoner on German 
prize ship Yarrowdale, 222. 

Reprisals, to be excluded by sub- 



marines in Mediterranean 75; Ger- 
many compelled to resort to, 76. 

Requisitions, of stocks and materials 
in Belgium, 263. 

Resin, not contraband, 10. 

Retaliation, German methods go beyond 
ordinary methods, 45. 

Reuter's, 136. 

Rice, trade in, 42. 

Right of capture. See Capture, right 
of. 

Right of visit and search. See Visit 
and search. 

Ritter, Paul, Minister of Switzerland 
to the United States, 223, 225, 310, 
312, 315. 

Robertson, Major, Germany protests 
that British officer, was allowed to 
proceed through United States, al- 
though having taken part in battle 
before Tsingtau, 157; the United 
States replies that he arrived as an 
individual ; case not similar to offi- 
cers of the Geier, 159. 

Roche, Edward, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Rochefort, France, 88. 

Rockefeller Foundation, to furnish 
food for Givet, Fumay, and region 
to the Meuse, 251, 254. 

Roofing tiles, not contraband, 11. 

Rowanmore, steamer, the United States 
inquires as to sinking of, 99-100; 
Germany states inquiries being made 
into sinking of, 100; statement of 
American Consul at Queenstown, 
presented to German Government, 
99; master of vessel taken prisoner, 
99; boats shelled after clear of 
ship, 99; Germany states steamer 
was not flying flag, attempted to 
escape and used wireless, captain 
was deserted on board by crew and 
taken aboard submarine, 102-103. 

Royal Mail Steam Packet Company, 
121. 

Rubber, contraband, 9; goods made of, 
9; rubber tires, contraband, 9. 

Ruedebusch, Heinrich, escaped from in- 
ternment, 162, 166; to be returned, 
168. 

Russo-Japanese War, 145, 162-164. 

Ryan, John, taken prisoner on German 
prize ship Yarrowdale, 222. 

Saddle animals, contraband, 3, 9. 
Saddlery, conditional contraband, 3; 

contraband, 10. 
St. Johns, New Brunswick, 79. 
San Juan, Porto Rico, German ship 



368 



INDEX 



Odenwald attempted to sail without 
clearance from, 170-174. 

Sandt, Dr. von, 252. 

Sayless, W. I., Commander U. S. N., 
statement as to Sussex, 86. 

Scarborough, bombardment of, 41. 

Scheelite, conditional contraband, 9. 

Schneider, Captain, commanded sub- 
marine that sunk Arabic, 70. 

Scott, Charles, taken prisoner on 
German prize ship Yarrowdale, 
222. 

Scraps of paper, 298. 

Search, see Visit and search. 

Searchlights, and accessories, contra- 
band, 8. 

SebeJc, steamer, United States inquiries 
as to sinking, 100; Germany reports 
a steamer sunk because met with 
lights smothered and without postern 
lanterns, which may have been 
Sebek, 106. 

Selenium, conditional contraband, 10. 

Senson, first officer steamer Evelyn, 20. 

Serbia, 39. 

Sessler, Albert, 99. 

Severance of diplomatic relations be- 
tween United States and Germany, 
299-310; note from Germany an- 
nouncing unrestricted submarine 
warfare (Feb. 3, 1917), 299-301; 
memorandum relative to same, 301- 
302 ; blockade zones declared, 302-303 ; 
American reply (Feb. 3, 1917), en- 
closing passports for German Am- 
bassador and staff, 303-305; address 
of President Wilson to the Congress 
(Feb. 3, 1917), 306-309; German pro- 
posal to modify treaty of 1799, 310- 
312; American reply, 312-315; Ger- 
man offer to negotiate, provided 
blockade against England is not 
broken, 315-316; American refusal 
to negotiate unless proclamation of 
January 31, 1917, is withdrawn, 
315-316. 
Shaler, to be in charge of Belgian re- 
lief, 236. 
Sharp, William Graves, American Am- 
bassador to France, 253, 277, 279, 
291, 292. 
Shea, Pat, taken prisoner on German 

prize ship Yarrowdale, 222. 
Shetland Islands, 19, 27, 39. 
Shoes, conditional contraband, 3; con- 
traband, 9. 
Sigismonde, Joseph, taken prisoner on 
German prize ship Yarrowdale, 222. 
Silk raw, not contraband, 10. 
Silius, Norwegian bark, torpedoed, 329. 



Silver, in coin, conditional contraband, 
3; contraband, 9. 

Sims, James, taken prisoner on German 
prize ship Yarrowdale, 222. 

Skagerrak, 19. 

Skinner, Robert P., American Consul 
General to London, asks United 
States to furnish naval ships to carry 
food to Belgium, 241-242; request 
refused as the United States has no 
suitable ships, 242. 

Skins, not contraband, 11. 

Slates, not contraband, 11. 

Smith, Captain, steamer Evelyn, 20-23. 

Smith, John, taken prisoner on German 
prize ship Yarroivdale, 222. 

Smith, L. B., Lieutenant, U. S. A., 
statement as to Sussex, 86-88. 

Snyder, Dr. Henry, taken prisoner on 
German prize ship Yarrowdale, 222; 
in prison camp at Karlsruhe, 222; 
departed for Denmark, 226. 

Soap, not contraband, 11. 

Soda, not contraband, 11. 

Soden, Count von, colonel and com- 
mandant in Brussels, 274. 

Spring-Rice, Sir Cecil, British Ambas- 
sador to the United States, 244, 298. 

Status of consular officers in occupied 
territory, 228-236. 

Stone, William, President Wilson's let- 
ter to, 136. 

Stones, not contraband, 10. 

Stones, precious, not contraband, 10. 

Stovall, Pleasant, American Minister 
to Switzerland, 227. 

Stumm, Count von, 116. 

Sturm, seaman, attempted to escape 
from internment, 163. 

Submarine sound signaling apparatus, 
contraband, 9. 

Submarine warfare, 24-116; Germany 
gives notice that transport of British 
troops to France will be opposed by 
every means, 24; Germany advises 
merchant ships bound for North 
Sea to steer around Scotland, 24; 
German proclamation of Feb. 4, 
1915, declaring waters around Great 
Britain and Ireland a war zone, 24- 
25; German memorial respecting re- 
taliatory measures, 25-27 ; British 
Government repudiated Declaration 
of London; have obliterated distinc- 
tion between contraband and non- 
contraband; have violated Declara- 
tion of Paris; have taken Germans 
from neutral ships; have taken Ger- 
man non-contraband from neutral 
ships; have declared North Sea the 



INDEX 



369 



seat of war, 25; have blockaded 
neutral coasts, thus planning to 
strike whole economic system of Ger- 
many; neutral powers have acqui- 
esced; neutral powers thus admit vital 
interests of a belligerent sufficient 
excuse for waging any method of 
warfare Germany invokes such vital 
interests, 26; neutral powers, warned 
not to intrust their crew, passangers 
or merchandise to enemy merchant 
vessels, 26; waters north of Shetland 
Islands, the eastern part of North 
Sea, and a zone 30 marine miles wide 
along Dutch coast are outside war 
zone, 27 ; American acknowledgment 
of German notification of blockade, 
27-29; calls attention to serious pos- 
sibilities of course of action contem 
plated, 27 ; asks Germany to recon- 
sider the consequences if American 
merchant vessel should be destroyed 
or American lives lost, 27-28; sole 
right of belligerent in dealing with 
neutrals on high seas limited to visit 
and search, unless blockade is pro- 
claimed and maintained, which is not 
proposed in this case, 28; United 
States reluctant to believe Germany 
would declare or exercise right to at- 
tack or destroy any vessel entering 
prescribed area without visit and 
search, 28; suspicion of use of false 
flag no presumption that all ships 
traversing a prescribed area are 
guilty, 28; right of visit and search 
recognized to determine such ques- 
tions, 28 ; American Government open 
to none of the criticisms for un- 
neutral actions noted in German 
memorandum ; has taken position 
that belligerents violating the rights 
of Americans would be held responsi- 
ble, 28; if German commanders should 
destroy American lives or American 
vessels, it would be hard to reconcile 
such act with friendly relations sub- 
sisting between the two governments. 
28; would hold Germany responsible 
and take necessary action to secure 
American rights on high seas, 28; 
urges that American vessels be not 
molested otherwise than by visit and 
search, 29; German reply to Ameri- 
can note, 29-35; agrees that it is de- 
sirable to avoid misunderstanding, 
29; proclamation not directed at 
legitimate trade, but represents act 
of self-defense, against England's 
violation of international law which 



neutrals have failed to abate, 30; 
sets forth again England's violations 
of international law, 30; conceded 
violations are intended to cut off 
Germany from all supplies, 30; calls 
attention to American protest to 
British Government, 30; cites case 
of Wilhelmina, 30; rely on neutrals 
who have tacitly or under protest 
submitted to England's violation of 
international law to display same 
tolerance toward German measures, 
32; not intention to destroy neutral 
property, 32; safest method to avoid 
danger is to stay away from war 
zone, 32; only enemy merchant ships 
to be destroyed, 33; again calls at- 
tention to misuse of flag by England, 
and trade in war materials by neu- 
trals, 33 ; Germany suggests convoy, 34 ; 
prepared to enter into negotiations 
as to convoy, 34; ships advised to 
avoid English waters, 34; German 
submarines to abstain from violence 
to American merchant vessels when 
recognizable as such, 34; American 
suggestion as to agreement between 
Great Britain and Germany as to 
rules of maritime war, 35-37; Ger- 
man reply to suggestion, 37-38; 
Germany would undertake not to use 
them to attack merchant ships ex- 
cept to enforce right of visit and 
search, 37; when enemy character 
of vessel or presence of contraband 
be ascertained submarines would 
proceed according to international 
law, 37 ; restricted use contingent on 
enemy ships abstaining from use of 
false flags, etc., 38; merchant ships 
not to be armed, 38; legitimate im- 
portation of food into Germany to be 
allowed, 38; waters around Orkney 
and Shetland Isles declared a war 
zone by Germany, 39; British re- 
ply to American suggestion as to 
agreement on rules of maritime war, 
39-43; calls attention to violations 
of international law by Germany, 40; 
sinking of British merchant ships, 
41; German statement as to attacks 
on neutral merchant ships by Ger- 
man submarines or aircraft, 43-44; 
first American note on sinking of 
Lusitania, 44-47; sinking of Falaba, 
44 ; attack on Cushing, 44 ; sinking of 
Gulflight, 44; calls attention to 
practical impossibility of using sub- 
marines under rules of international 
law, 46; calls attention to warning 



370 



INDEX 



issued by Imperial German Embassy 
to American citizens not to travel in 
waters declared a war zone by Ger- 
many, 46; no warning of an unlaw- 
ful act can be accepted in excuse or 
palliation, 46; United States looks to 
Germany for prompt action, 47 ; Ger- 
man reply to American note, 47-50; 
investigation of cases of Cashing 
and Gulflight in progress; Falaba 
sunk because of action of Captain in 
signaling for help, 48; Lusitania an 
auxiliary cruiser, with mounted 
guns, carrying troops and ammuni- 
tion ; quick sinking due to explosion 
on board, 49; German reply to in- 
quiry as to dishing and Gulflight, 
50-51; Gulflight not seen to be flying 
American flag, when attacked for 
suspicious actions, 50-51 ; Germany 
expresses regret and offers indem- 
nity for damage to American citi- 
zens, 51; Cushing attacked because 
flying no flag and bearing no neutral 
markings, 51; American inquiry as 
to attack on Nebraskan. 52; second 
American note on Lusitania, 52-56; 
will lay claim for damages for losses 
due to attack on Cushing and sink- 
ing of Gulflight, 52; surprised that 
Germany claims attempt of mer- 
chantman to escape alters obligation 
of captor to safeguard lives of those 
on board, 52-53; nothing but actual 
forcible resistance has ever been held 
to forfeit lives of passengers and 
crew, 53; does not understand that 
Germany seeks to justify act of com- 
mander of submarine, 53; Lusitania 
not armed, and not carrying arms or 
ammunition, 53 ; asks such evidence 
as Germany may have of these 
charges, 54; looks to Germany to 
see that justice is done Americans 
who have been wronged, 55; renews 
representations of first Lusitania 
note, and relies on universally recog- 
nized principles of international 
law, 55; cannot admit proclamation 
of war zone may in any way 
abbreviate rights of Americans, 55; 
understands Germany to accept prin- 
ciple that lives of noncombatants 
cannot be put in jeopardy by cap- 
ture or destruction of an unresisting 
merchantman and to recognize ob- 
ligation of precaution to ascertain 
whether merchantman is a belliger- 
ent or a neutral carrying contraband, 
55-56; asks assurance that American 



lives and ships will be safeguarded, 
56; German reply to second Ameri- 
can Lusitania note, 56-60; Germany 
was willing to ratify the Declara- 
tion of London in beginning of pres- 
ent war, 57 ; believes war should 
be conducted against armed forces, 
but civilians must be spared as 
much as possible; Germany's ad- 
versaries, by paralyzing peaceable 
traffic between Germany and neutrals 
aimed to destroy life of nation, 57 ; 
England is blockading neutral coasts 
and shipping contrary to interna- 
tional law, 57; as with Boers, Ger- 
many must perish from starvation 
or lose its independence, 57-58; Ger- 
many obliged to adopt submarine 
warfare to meet intention of enemies 
and method of warfare adopted by 
them in contravention of internation- 
al law, 58; rights of neutrals must 
suffer, 58; all distinction between 
merchantmen and warships obliter- 
ated by British order to merchant- 
men to arm and ram submarines, 
and the promise of rewards there- 
for, 58; neutrals who use merchant- 
men exposed to dangers of war, 58; 
if commander of submarine which 
sunk Lusitania had caused crew and 
passengers to put out in boats before 
firing his torpedo the submarine 
would have been destroyed, 58; it 
was to be expected that so large a 
vessel would remain above water 
long enough to permit passengers 
to enter ship's boats; presence on 
board of high explosives defeated 
this expectation, 58 ; if Lusitania had 
been spared thousands of cases of 
ammunition would have reached 
Germany's enemies and thousands of 
German mothers and children would 
have lost their supporters, 58; Ger- 
many will always be ready to do all 
it can to prevent jeopardizing Amer- 
ican lives, 59; repeats assurances 
American ships will not be hindered 
and American lives on neutral ves- 
sels shall not be placed in jeopardy, 
59; German submarines will permit 
safe and free passage of American 
passenger steamers when made recog- 
nizable by special markings and 
notified a reasonable time in ad- 
vance; hopes American Government 
will assume guarantee that these 
vessels have no contraband on board, 
59; proposes to increase number of 



INDEX 



371 



available steamers by using reason- 
able number of neutral ships under 
the American flag; believes adequate 
facilities can thus be afforded 
Americans for travel across Atlantic 
Ocean, 59; no necessity for Ameri- 
cans traveling to Europe in enemy 
ships, 59; unable to admit Ameri- 
can citizens can protect enemy ship 
by presence on board, 59; Germany 
followed England's example when it 
declared high seas an area of war, 
59 ; accidents to neutrals on enemy 
ships cannot be judged differently 
from accidents to neutrals at seat 
of war on land, 59; if American 
Government cannot acquire adequate 
number of neutral steamers Germany 
is prepared to interpose no objec- 
tions to placing under American flag 
of four enemy steamers for passen- 
ger traffic, 59-60; Germany will al- 
ways be glad to use good offices of 
the President of the United States to 
bring about agreement as to freedom 
of the seas, 60; German memoran- 
dum on attack on Nebraskan, 60-61 ; 
attacked because not flying American 
flag; Germany will make compensa- 
tion ; suggests appointment of experts 
to fix amount, 61 ; American answer 
to German note of July 8, 1915 (third 
Lusitania note) , 61-63; cannot discuss 
with Germany the policy of Great 
Britain, 62; rights of neutrals based 
on principle, not expediency, 62; 
submarines can be used in accordance 
with accepted practices of regulated 
warfare, 62; friendship prompts 
United States to say repetition 
of acts of submarines in con- 
travention of American rights will 
be deemed deliberately unfriendly, 
63; Germany asks that no definite 
stand be taken on Arabic case till 
German report is made, 64; Germany 
announces that liners will not be 
sunk without warning and without 
safety of noncombatants if liners 
do not attempt escape or offer re- 
sistance, 64-65; Germany reports 
English merchant ship fired on Ger- 
man submarine in British Channel, 
65; German report on Arabic, 65-66; 
German report on attack on the 
Orduna, 67-68; American statement 
as to sinking of the Arabic, 68-69; 
further German note on Arabic, 70; 
American reply, 70-71; German re- 
port on the Leelanaw, 71-73; German 



note on Arabic, 73-74; American note 
on Leelanaw, 74; German memoran- 
dum on conduct of submarine war 
in Mediterranean, 74-75; to be in ac- 
cordance with principles of inter- 
national law, 74; reprisals not to be 
made, 75; ships to be destroyed only 
after passengers and crews have been 
accorded safety, 75; all cases cubject 
to prize proceedings, 75 ; commanders 
disobeying will be punished, 75; 
Persia not sunk by German subma- 
rine, 75; German memorandum ex- 
plaining German view of submarine 
question (March 8, 1916), 75-78; to 
meet British violations of interna- 
tional law Germany chose a new 
weapon, the submarine, 76; this 
necessitated restriction of free move- 
ments of neutrals, 76; was willing 
to comply with American proposal 
as to use of, 76; England refused, 76; 
Germany, after neutrals had lost their 
lives, complied with wishes of Ameri- 
can Government, 76; England by 
arming merchantmen, and ordering 
them to attack submarines made it 
impossible to conform to old rules 
of international law, 77-78; British 
bestow premiums and decorations on 
masters of merchantmen who destroy 
submarines, 77; American inquiry as 
to sinking of Sussex, 78; German re- 
ply, 80-82; no evidence Sussex was 
sunk by submarine; believed to have 
struck mine, 82; American answer 
German reply, 82, 89; was torpedoed 
without warning, 83; attack inde- 
fensible, 84; Germany has not put 
promised restraints on submarines, 
85; unless methods are abandoned 
the United States will sever diplo- 
matic relations with Germany, 86; 
German reply, 90-94; Germany has 
imposed restraints on use of, 90; 
commanders have had orders to con- 
duct warfare in accordance with prin- 
ciples of visit and search, 90; enemy 
trade in enemy ships to be sunk, no 
contrary assurance ever given, 90; 
Germany has made several proposals 
looking to safety of Americans which 
have not been accepted, 91; Germany 
still willing to come to an agreement, 
91; Germany has now decided to 
make another concession for benefit 
of neutrals, 91; Germany does not 
understand difference between lose of 
innocent lives by submarines and 
starving of many millions of women 



372 



INDEX 



and children which would force vic- 
torious armies to capitulate, 92; 
Germany not to bear responsibility if 
submarine question seriously threat- 
ened maintenance of peace with 
United States, 93 ; in accordance 
with principles of visit and search, 
merchant vessels recognized by inter- 
national law, within and without war 
zone will not be sunk without warn- 
ing, and without saving human lives, 
unless such ships resist or seek to 
escape, 93 ; in consequence of this 
order it is not doubted the United 
States will demand of Great Britain 
observance of rules of international 
law, 93; if steps taken by United 
States be not successful Germany 
reserves complete liberty of action, 
94; American reply, 94-95; will rely 
on scrupulous execution of altered 
policy, 94; does not understand 
newly announced policy in any way 
contingent upon diplomatic negotia- 
tions between United States and any 
other belligerent government, 94; 
respect of German naval authorities 
for rights of citizens of United States 
cannot be made contingent upon 
conduct of other governments, 95; 
Germany reports Bandoeng incident, 
95 ; suggests neutral vesselscomply with 
rules of visit and search when stopped 
by submarines, 95-96; hopes Ger- 
many will warn commanders to make 
sure merchantmen understand sig- 
nals before extreme measures are 
taken, 97; commanders have strict- 
est orders to keep within limits of 
rules laid down in note of May 4, 
1916, 99; German submarine fired 
on by English yacht, 121 ; British 
Admiralty instructions to armed mer- 
chantmen as to attack, 123, 126, 130- 
135; list of cases in which enemy 
merchantmen have attacked subma- 
rines, 126-129 ; memoranda of Ger- 
many announcing unrestricted sub- 
marine warfare (Jan. 31, 1917), 
301-303; recalls submarine state- 
ment of May 4, 1916, 301; block- 
ade zones announced around Great 
Britain, France, Italy, and Eastern 
Mediterranean and North Sea, 301 ; 
American protest, 303-305; blockade 
of Arctic Ocean announced, 309-310; 
Flood Report on, 326-338. See also 
Lusitania, Falaba, Gulflight, Leela- 
naw, etc. 
Suggestions concerning the war made 



by President Wilson (December 18, 
1916), 284-298; suggests that an 
early occasion be sought to call from 
all belligerents views as to terms of 
peace, 285; note to Allied Powers, 
284-287; note to Central Powers, 
287-289 ; reply of Germany, propos- 
ing conference on neutral ground, 
289-290; reply of Bulgaria, pro- 
poses immediate meeting of dele- 
gates, 290-291; reply of Belgium, 
291-292; reply of Allied Powers, 
292-295; note from A. J. Balfour, in 
memorandum from British Govern- 
ment, 295-298. 

Sulphate of ammonia, not contraband, 
10. 

Sulphate of soda, not contraband, 10. 

Sulphides of antimony, contraband, 10. 

Sulphur, conditional contraband, 4; 
contraband, 9. 

Sulphuric acid, conditional contraband, 
4 ; contraband, 9. 

Supplies for belligerent vessels, 138- 
150. 

Supply wagons, contraband, 8. 

Sussex, steamer, American inquiry as 
to sinking, 78; German reply, 81-82; 
asks further data, stating a ship, 
thought to be a mine-layer had been 
sunk on date, 82; suggests that ship 
may have been damaged by a mine, 82 ; 
offers to submit question to Interna- 
tional Commission in accordance with 
Article III of 1907, Hague Conven- 
tion for Pacific Settlement of Inter- 
national Disputes, 82; American an- 
swer, 82-89; was torpedoed without 
warning, 83-85; never employed as 
troop ship, 83; statement of facts by 
United States, 86-89; carried no 
armament, 89; German reply, 90-94; 
reserves communications on subject 
until further investigations have been 
made, 90; if investigation shows mis- 
take on part of submarine com- 
mander, reparation will be made, 90; 
denies instance is one of deliberate 
method of indiscriminate destruction 
of vessels of all sorts, 90; German 
note of Feb. 8, 1916, gave no assur- 
ance that enemy trade in enemy 
ships within war zone would be 
spared, 90-91; German assurance of 
May 4, 1916, that merchant vessels 
within and without war zone would 
not be sunk without warning and 
without saving human lives, unless 
these ships attempt to escape, 93; 
American answer, 94-95; accepts 



INDEX 



373 



statement of abandonment of sub- 
marine policy, 94; not contingent on 
other diplomatic negotiations, 95; 
German promise of May 4, 1916, re- 
called, 313. 

Switzerland. See Ritter, Paul, Minis- 
ter of. 

Syria, 296. 

Tacony, steamer, tender to the Florida, 
145. 

Tanning materials, contraband, 10. 

Tar, conditional contraband, 6-7. 

Taylor, Frank, taken prisoner on Ger- 
man prize ship Yarrowdale, 222. 

Telegrams, censorship, 215; Germany 
protests that telegrams sent over 
Western Union relative to cotton 
matters have not been acknowledged, 
215; asks that steps be taken to 
secure uninterrupted messages rela- 
tive to cotton, 215. 

Telegraphs, material for, conditional 
contraband, 3; contraband, 9. 

Telephones, materials for, conditional 
contraband, 3; contraband, 9. 

Telescopes, conditional contraband, 3; 
contraband, 8. 

Textile industry machines, not contra- 
band, 10. 

Thierichens, Captain, German Ambas- 
sador asks that proposed photo- 
graphs of officers and crews of in- 
terned Germans be not made, 164- 
165; request granted, 165. 

Thierry, Heizer, escaped from intern- 
ment, 163; to be sent back, 168. 

Thimme, Arthur, taken prisoner on 
German prize ship Yarrowdale, 222. 

Thrasher, Leon C, death of, 44, 326. 

Tiles, not contraband, 11. 

Times, London, 135. 

Tinplate, contraband, 9. 

Tires, conditional contraband, 9. 

Tirpitz, Admiral von, 11. 

Tonawanda Boat Company, 208. 

Toulon, France, 88. 

Travarriek, see Trevarraca. 

Treaties, a bulwark against aggression, 
298 ; if existing treaties are scraps of 
paper, can fresh treaties help, 298; 
Prussia and United States. See 
Prussian-American Treaties. 

Tremeadow, steamer, tender to British 
cruisers, 147-148. 

Trevarraca, steamer, United States in- 
quires as to sinking of, 108; Ger- 
many reports ship searched and sunk 
as an enemy ship, after crew had left 
in boats, 115-116. 



Trippel, steamer, United States in- 
quires as to sinking, 107; Germany 
reports ship carrying contraband for 
enemy was sunk after crew had left 
steamer in boats but ten miles from 
Spanish coast, 114. 

Tsingtau, Battle of, 157. 

Tubantia, Dutch steamer, sunk, 329. 

Turkey, reply to peace suggestions of 
President Wilson, 289-290; expulsion 
from Europe of, 294; of Union and 
Progress, 296. 

Tuscaloosa, tender to the Alabama, 
145. 

United States, suggested advisability of 
conforming to Declaration of Lon- 
don, 1 ; suggestion withdrawn, 2 ; 
German reply to British protest 
against laying of mines, forwarded 
to British Foreign Office, 20; reports 
steamer Evelyn sunk, 20; further re- 
port as to sinking of the Evelyn, 20; 
reports steamer Carib sunk, 21; fur- 
ther report as to sinking of the Eve- 
lyn, 21; captains of Evelyn and Carib 
state no sailing directions were given 
them by boarding officer of British 
navy, and that vessels ran on mine 
field, 22; protests against German Ad- 
miralty Proclamation of February 4, 
1915, 27-29; presents draft of sug- 
gested agreement between Germany 
and Great Britain on subject of mari- 
time warfare, 35-37; first" Lusitania 
note (May 13, 1915), 44-47; asks for 
information as to attack on Nebras- 
kan, 52; second Lusitania note 
(June 9, 1915), 52-56; third Lusi- 
tania note (July 21, 1915), 61-63; 
inquires as to sinking of Leelanaw, 
64; presents summary of evidence on 
sinking of Arabic, 68-69; accepts re- 
grets and disavowal of Germany in 
case of Arabic and is prepared to 
negotiate indemnity, 70-71; objects 
to case of Leelanaw going before 
prize court and suggests settlement 
by diplomatic negotiations, 74; in- 
quires whether German submarine 
sunk Sussex, 78; inquires whether 
German submarine sunk Englishman, 
78 ; inquires whether German sub- 
marine sunk Manchester Engineer, 
79; inquires whether German sub- 
marine sunk Eagle Point, 79; in- 
quires whether German submarine 
sunk Bervoindvale, 79 ; presents state- 
ment of facts in Sussex case, 82-89; 
accepts German declaration of aban- 



374 



INDEX 



donment of submarine policy, stat- 
ing such abandonment understood 
not to be contingent on other diplo- 
matic negotiations, 94-95; inquires 
as to attack on Oicego, 96; further 
inquiry as to attack on Oicego, 97 ; 
submits statement as to attack on 
Oicego, 98-99; inquires of Germany 
as to sinking of Rowanmore, 100; 
inquires of Germany as to sinking 
of Lebek and Delta, 100-101; in- 
quires of Germany as to sinking of 
Lanao, 101 ; inquires of Germany as 
to sinking of Arabia, 101; inquires 
of Germany as to sinking of Colum- 
bian, 102; inquires of Germany as 
to sinking of Barbara, 107; inquires 
of Germany as to sinking of Trip- 
pel, 107; inquires of Germany as to 
sinking of Lokken, 107; inquires of 
Germany as to sinking of Travarrick, 
108; asks Great Britain as to status 
of Marina, 109; asks Great Britain 
for additional statement as to 
Marina, 112; report of attack on the 
Rebecca Palmer, 112-113; memo- 
randa on armed merchant vessels, 
116-118; dissents from German 
opinion relative to treatment to 
be accorded armed merchant ships, 
119-120; memoranda on status of 
armed merchant ships and ships 
suspected of carrying supplies to 
belligerent warships, 138-140; states 
Locksun will be interned at Hono- 
lulu unless she leaves at once, 141 ; 
states Locksun has been interned, 
142; no evidence found that tug F. 
B. Dalzell furnished supplies to 
British warships; asks German Em- 
bassy for further information, 143- 
144; again states Locksun must be 
interned and asks further informa- 
tion as to unneutral service of tug 
F. B. Dalzell, 144-145; Mallina and 
Tremeadow accorded same treatment 
given belligerent vessels of war, 
147-148; discusses traffic in contra- 
band of war and supplies for bellig- 
erent vessels, 148-150; states views 
of United States relative to Ger- 
man-American trade and exportation 
of arms, 153-156; Oeier allowed till 
November 6, 1914, to make necessary 
repairs, 156; the Oeier and Locksun 
interned November 8, 1914, 157; 
reply to letter of November 11, 
1914, relative to internment of 
two officers of Oeier; case of British 
Major Robertson has no resemblance, 



158-159; Prinz Eitel Friedrich al- 
lowed till April 7, 1915, to make 
repairs and leave territorial waters, 
159; time extended to April 29, 
1915, 161; calls attention to escape 
of paroled officers and men from in- 
terned vessels and asks their re- 
turn; cites case of Russian ship 
Lena interned during Russo-Japa- 
nese War, 162-164; German Ambas- 
sador asked to bring facts of escape 
of paroled officers and men to atten- 
tion of his government, 164; grants 
request that officers and crews of 
Prinz Eitel Friedrich be not photo- 
graphed, 165; again calls attention 
to escape of paroled officers and men 
from interned ships, 167; acknowl- 
edges reply of German Foreign Office 
to request for return of paroled offi- 
cers and men from interned ships, 
168-169; steamer Odenwald at- 
tempted to sail without clearance 
papers from San Juan, Porto Rico, 
and was fired on, 171-174; presents 
claim of captain and owners of Wil- 
liam P. Frye, sunk by Prinz Eitel 
Friedrich, 175-178; prefers claims 
should be settled by diplomatic ne- 
gotiations and not submitted to a 
prize court, 178-179; again objects 
to claim going before a prize court, 
181-184; accepts German suggestion 
for settlement of amount of indem- 
nity by commission of experts and 
suggests appointment of umpire, 188- 
189; agrees appointment of umpire 
in advance not necessary, and con- 
curs in suggestion that compromis 
be arranged by Foreign Office and 
American Ambassador, 191-193; dis- 
cusses status of Appam; Article 
XIX, of Treaty of 1799, not applica- 
ble, 199-202; discusses application of 
Article XIX, of Treaty of 1799, to 
Appam; cannot accept proposal to 
refer interpretation of treaty to 
Hague Court, 205-207; does not con- 
sider hydroaeroplanes as vessels of 
war, 209-210; requests recall of Cap- 
tain Boy-Ed and Captain von Papen, 
210-211; again requests recall of 
Captain Boy-Ed and Captain von 
Papen, 211; safe conducts granted 
the two officers, 212-213; submits 
proposed regulations for transmis- 
sion of diplomatic and consular offi- 
cers in belligerent territory, 214; reg- 
ulations for transmission of mail of 
diplomatic and consular correspond- 



INDEX 



375 



ence, 214-215; declines to order Amer- 
ican warships in Mediterranean to 
fly flag by day and keep ship and 
flag lighted by night, 216-217; 
American Ambassador reports ar- 
rival of the Yarrowdale with neutral 
prisoners, 220; inquires of Germany 
if there are any Americana among 
Yarrowdale prisoners, 220; second 
inquiry made of German Foreign 
Office as to Yarrowdale prisoners, 
220; reported that there were Ameri- 
cans among Yarrowdale prisoners, 
221 ; German Foreign Office advises 
Ambassador of presence of Ameri- 
cans among Yarrowdale prisoners, 
221; list of Americans, 222; will be 
released at once, 222-223; release 
conditional on German vessels in 
American waters not being seized 
and crews interned, 223; release 
again promised by Spanish Ambassa- 
dor at Berlin, 223; formal demand 
made for release, or measures will 
be taken to obtain satisfaction, 
223-224; ambassador to Spain 
asked for full report, 224; re- 
ports prisoners detained owing to 
case of typhus fever among them, 
224-225; release promised March 7, 
four of prisoners already in Den- 
mark, 225-226; Spanish doctor ap- 
proved quarantine, 226; fifty-nine 
prisoners left Germany, 227 ; arrived 
in Zurich, March 11, 227; no com- 
plaint made by prisoners of treat- 
ment on high seas or at Swine- 
munde, but treatment at Branden- 
burg very harsh ; knew nothing of 
contagious diseases, 227; report on 
prisoners, by Minister to Switzer- 
land, 227-228; last Yarrowdale pris- 
oner left for Denmark March 18, 
228; does not question at this time 
right of Germany to cancel exequa- 
turs in occupied territory, 231-232; 
consuls of United States at Brussels, 
Liege and Antwerp to continue, 
232; acknowledges receipt of Belgian 
note relative to German note grant- 
ing temporary recognition to con- 
suls, 232; proposed recognition of 
consul at Warsaw is satisfactory, 
235-236; definite assurances asked 
Germany relative to Belgian Relief 
Commission, 236; plan approved by 
Germany for supplying food to 
needy in Brussels, submitted by 
American minister at Brussels, 236- 
237; informs Great Britain of plan, 



237; instructs American minister at 
Brussels to proceed according to 
plan, 238; asks whether France will 
give assurance of recognition of neu- 
trality of goods shipped to Belgian 
Relief Commission, 239; asks if Ger- 
many will permit passage of Belgian 
Relief Commission ships from the 
United States to Holland, 239; asks 
whether there is an embargo on im- 
portation of second-hand clothing 
into Belgium, 239; asks Germany to 
grant safe passage to British and 
neutral ships with supplies for Bel- 
gium, and for permission for Ameri- 
can automobiles to distribute food, 
239-240; informs German Ambassa- 
dor of notification that Germany 
will grant safe passage to unneutral 
ships carrying food to Belgium and 
having certificates endorsed by Ger- 
man Ambassador, 240-241 ; regrets 
no suitable naval vessels can be util- 
ized for carrying supplies for Bel- 
gian Relief Commission and suggests 
charter of neutral vessels, 242; trans- 
mits thanks of Belgian Relief Com- 
mission for assistance of German Gov- 
ernment, 243 ; inquires whether Ger- 
man civil commander of Province of 
Limberg is exacting import tax on 
foodstuffs sent by Belgian Relief 
Commission, 247 ; asks report on re- 
moval of tax on foodstuffs in Lim- 
berg, 248; informed Limberg tax re- 
moved and money refunded, 248; 
Belgian Relief Commission advised 
of exemption of cattle and their 
food from requisition, 253; ac- 
knowledges receipt of note from 
Germany relative to exemption of 
Givet and Fumay from requisi- 
tion of foodstuffs, 254; informs 
London Embassy of attack on 
Elfland and German suggestion as 
to markings on upper deck of Re- 
lief ships, 256; statement to the 
Press on withdrawal of American 
Legation from Belgium, 256; ad- 
vises Germany of action of German 
military authorities in Belgium in 
demanding list from Comity National 
de Secours et d' Alimentation, 258; 
advises Germany of unfortunate im- 
pression created in neutral countries 
by Belgian deportations, 259; pro- 
tests to Germany against deporta- 
tion, 260; transmits to Great Britain 
the peace note of Central Powers, 
276; transmits to Central Powers, 



276 



INDEX 



reply of Entente Powers to peace 
note, 279; suggests that an early 
occasion be sought to call belligerent 
views as to terms of peace, 284-289; 
announces severance of diplomatic 
relations with Germany and fur- 
nishes German Ambassador his pass- 
ports, 306 ; address of President Wil- 
son to the Congress, February 3, 1917, 
306-309; replies to German proposal 
as to modification of treaty of 1799, 
310-312; does not look with favor 
upon proposed agreement to alter 
Article XXIII of Treaty of 1799, 312- 
315; statement to the Press, 315-316; 
willing to discuss any questions with 
Germany provided German Proclama- 
tion of January 31, 1917, is canceled 
and assurances of May 4, 1916, 
renewed, 315-316; address of Presi- 
dent Wilson to the Congress, April 
2, 1917, 316-324; circular of De- 
partment of State to all missions, 
with copy of President Wilson's ad- 
dress, 325; Flood Report on War 
with Imperial German Govern- 
ment, 326-338; Joint Resolution of 
Congress declaring a state of war 
to exist between the United 
States and Germany, 333-339; pro- 
clamation of the existence of a 
state of war with Germany, 339- 
342. 
Unneutral conduct, United States not 
guilty of, 28. 

Vanadium, contraband, 10. 

Van Dyke, Henry, American Minister 
to Holland, 244, 247, 249, 250, 254, 
255. 

Varingen, steamer, 111. 

Varnish, not contraband, 11. 

Vehicles, conditional contraband, 3; 
contraband, 9. 

Vessels, conditional contraband, 3; 
contraband, 10. 

Victor Chavarri, steamer, 115. 

Villarico, 107. 

Visit and search, sole right of a bel- 
ligerent in dealing with neutral ves- 
sels, limited to, 28; in dealing with 
merchant ships submarines only to 
exercise right of, 36; obligation to 
make, 45 ; German submarine com- 
manders under orders to conduct 
warfare in accordance with general 
principles of, 90. 

Voltaire, merchantman, sunk and crew 
brought to Swinemunde by German 
prize ship Yarrowdale, 221, 222. 



Wagons, military, contraband, 3; sup- 
ply, contraband, 8. 

War, must be conducted by armed 
and organized forces, 57 ; declara- 
tion against Germany, 316-325; war 
with Germany, Flood Report, 326- 
338. 

Warren, Gertrude W., statement as to 
Sussex, 87. 

Warsaw, American Consul at, to be 
recognized by Germany, 235; ac- 
cepted by United States, 236. 

Warships, including boats and com- 
ponent parts, contraband, 3, 9 ; mark- 
ings, 216-219; Germany suggests 
American warships in Mediterranean 
display flag where it can be seen by 
day and be sufficiently lighted by 
night, 216; American reply, 216-217; 
not required by international agree- 
ment to display flag except when in 
sight of other vessels, 217; within 
territorial or blockaded waters spe- 
cial rules may be suggested, but not 
on high seas, 217 ; Germany to be 
responsible for prevention of uninten- 
tional attacks on American, 217; 
German reply, 218; not intended to 
issue instructions, but merely sug- 
gestion, 218-219; asks that suggest- 
ion be reconsidered, 219. 

War zones, German proclamation, Feb- 
ruary 4, 1915, 24-25; waters sur- 
rounding Shetlands and Orkneys, de- 
clared in, 37 ; warning to travelers 
published by German Embassy, 46; 
cannot effect rights of American 
shipmasters or citizens, 65. See also, 
Submarine warfare. 

Washington, Horace, American Consul, 
Liverpool, England, 113. 

Watches, not contraband, 10. 

Watson, first officer of Roicanmore, 100. 

Watts, Ethelbert, American Consul 
General at Brussels, on leave, not to 
return; Germany willing to have his 
place filled, 235. 

West, Francis Sully, taken prisoner 
on German prize ship Yarroicdale, 
222. 

Whitby, bombardment of, 41. 

Whitlock, Brand, American Minister 
to Belgium, 237, 245, 250-254, 257, 
263, 270, 273. 

Wilhelm II, Emperor of Germany, 11. 

Wilhelmina, steamer, brought into 
English port, 30; detention of, 41; 
seizure a violation of international 
law, 151. 

Willard, Joseph Edward, American Am- 



INDEX 



377 



basaador to Spain, 223, 224, 226- 
228. 
William P. Frye, sailing vessel, 41 ; 
United States unwilling for amount 
of indemnity to be settled by Ger- 
man Prize Court, 74; case of, 175- 
196; United States asks damages for 
owners and captain, for sinking of, 
175-176; reply of Germany, 176-177; 
sunk because of cargo of contraband 
wheat, 176; crew and papers taken, 
176; prize proceedings to be insti- 
tuted before prize court at Hamburg, 
177; under Prussian-American trea- 
ties of 1799, 1828, cargo must be 
paid for, even if contraband, 177; 
American reply to German note, 178- 
179; objects to case being submitted 
to prize court, 178; destruction of 
vessel violation of Prussian-American 
treaties, 178; liability of Germany, 
standing of claimants, and amount 
of indemnity lend themselves to 
diplomatic negotiations, 178; ques- 
tion of liability already settled, 178; 
status of claimants and amount of 
indemnity only questions remaining 
to be settled, 178; claim under dis- 
cussion does not include damages for 
value of cargo, 178; recognizes Ger- 
many will wish to be satisfied as to 
the ownership of vessel and damages 
sustained, 178; suggests the ad- 
visability of transferring diplomatic 
negotiations to Washington, 179; in 
view of treaty stipulations, not nec- 
essary to enter into discussion of 
Declaration of London, 179; German 
reply to American note, 179-180; 
Germany does not admit destruction 
of vessel was violation of Prussian- 
American treaties, 179; right to de- 
tain involves right to destroy prize, 
if necessary, 179-180; in interna- 
tional law any exercise of right of 
control over trade in contraband is 
subject to decision of prize court, 
180; treaties do not mention how 
the compensation is to be fixed, 180; 
no foundation for claim of American 
Government unless prize court should 
not grant indemnity in accordance 
with treaty, 180; prize proceedings 
indispensable, 180; prize court to 
decide whether destruction of ship 
and cargo were legal, 180; simplest 
way for Americans interested would 
be to enter them in accordance with 
provisions of German Prize Code, 
180; American reply to German note, 



181-184; cannot concur in German 
conclusions, 181 ; sole question under 
discussion method for ascertaining 
amount of indemnity, 181; notes 
with surprise Germany desires to 
raise questions as to meaning and 
effect of treaty, 181; does not find 
treaty justifies sinking, and does not 
consider German Prize Court has 
jurisdiction over question of indem- 
nity, 181; treaty provisions do not 
authorize destruction of, 182; facts 
show master of vessel was willing 
to throw overboard cargo, 182; Ger- 
many has admitted question of con- 
traband does not enter into question 
of damages, 182; master should have 
been allowed to discharge cargo and 
vessel to proceed, 182; whether cargo 
was contraband or not, destruction 
of vessel was violation of Prussian- 
American treaties, 183; discussion 
of treaty provisions cannot be re- 
ferred to German Prize Court, 183; 
full indemnity for destruction of ves- 
sel required, 183 ; real question the in- 
terpretation of the treaty, 183; decis- 
ion of prize court, even as to amount 
of indemnity, would not be binding on 
United States, 184; dissents from 
view that there would be no founda- 
tion for claim unless prize court 
does not grant indemnity, 183-184; 
not concerned with what Germany 
may do as to other claims of neu- 
trals, 184; asks Germany to recon- 
sider subject and submit claim to 
diplomatic negotiations, 184; Ger- 
man reply, 184-187; calls attention 
to fact that it is not disputed by 
United States that neutral vessels may 
be sunk, 185; application of Declara- 
tion of London, 186; decision ren- 
dered August 7, 1915, by Hamburg 
Prize Court, 187; court decided 
cargo contraband, and as vessel could 
not be taken into port the sinking 
was justified, 187; court recognized 
validity of Prussian-American trea- 
ties by which so far as American 
property was concerned, Germany is 
liable for indemnity, 187; no data 
to fix damages, 187 ; suggests each 
government appoint two experts to 
fix damages for loss of vessel and 
American property in cargo, 187; ex- 
pressly declares payment is not as 
satisfaction for violation of treaty 
rights but duty and policy of Ger- 
many founded on existing treaty 



378 



INDEX 



stipulations, 187; if United States 
does not agree to this Germany is 
willing to submit question of treaties 
to Permanent Court at The Hague, 
187; American reply, 188-189; ac- 
cepts offer to submit question of in- 
demnity to two experts, 188; sug- 
gests an umpire in addition, 188; 
accepts offer to submit treaty inter- 
pretation to Permanent Court at 
The Hague, 189; necessary to have 
agreement as to naval operations 
pending award, 189; German re- 
ply, 189-191; agrees to proposal to 
separate question of indemnity from 
treaty interpretation, 189; does not 
think umpire necessary, 189; sug- 
gested that compromis be agreed 
upon between Foreign Office and 
American Embassy, 190; Dr. Kepny 
designated as German expert, 190; 
Foreign Office is prepared to submit 
draft compromis, 190; commanders 
ordered not to destroy American 
merchantmen, loaded with condi- 
tional contraband, but to follow 
Declaration of London in case of 
absolute contraband, 191 ; American 
reply, 191-193; agrees that it is 
not necessary to nominate um- 
pire, 192; in case experts and diplo- 
matic negotiations do not settle in- 
demnity, question will be referred 
to umpire, 192; suggests meetings 
be held in United States, 192; pre- 
fers arbitration by summary pro- 
cedure according to the Hague Ar- 
bitration Convention instead of by pro- 
cedure before Permanent Court at The 
Hague, 193; German reply, 193-196; 
cannot consent to meeting of experts 
in Washington, 194; suggests con- 
sultation by correspondence between 
the experts, 194; cannot consent to 
appointment of umpire, 194; Dr. 
Greve designated as German expert, 
194 ; submits text of draft compromis, 
195-196; Germany asks for interpre- 
tation of Prussian-American treaty in 
case of Appam, similar to that pro- 
posed in case of, 204; Appam case 
differs from, 207; Flood Report on, 
328. 

Williams, Evans, taken prisoner on 
German prize ship Yarrowdale, 222. 

Wilson, Woodrow, President of the 
United States, letter to Senator 
Stone, 136; statement concerning 



embargo on arms to Mexico, 152; 
suggestions concerning the war, 284- 
298; address to the Congress (Feb. 
3, 1917), 306-309; address to the 
Congress (April 2, 1917), 317-325. 

Winkow, Gustav, safe conduct asked 
and granted, 212. 

Wire, barb, conditional contraband, 3; 
contraband, 9. 

Wireless telegraphs material for, con- 
ditional contraband, 3, 9. 

Wolfram, contraband, 10. 

Wolframite, contraband, 9. 

Wood, conditional contraband, 4-7. 

Wood, tar, conditional contraband, 7. 

Woodfield, steamer, British instructions 
to armed merchantmen found on, 130, 
132-134. 

Wool, contraband, 9. 

Woolen, carded yarns, contraband, 9. 

Worsted yarns, contraband, 9. 

Yarmouth, England, bombardment of, 
41. 

Yarn, contraband, 9. 

Yarrowdale, steamer, American pris- 
oners of war taken to Germany on 
German prize ship, 220-228; names 
of prisoners, 222; prisoners at camp 
at Duelmen, 222; release asked, or 
German ships in American waters 
will be interned, 223; Germany 
promises to release, 223; United 
States demands immediate release, 
224; notice of release, 224; report as 
to release asked, 224; Germany re- 
ports prisoners quarantined at Bran- 
denburg on account of typhus, 225; 
to be released seventh of March, 225 ; 
Spanish doctor approved quarantine, 
226; fifty-nine of prisoners arrived 
in Zurich, 227; did not complain 
treatment on high seas or in first 
camp at Swinemunde, 227 ; reported 
inhuman treatment at Brandenburg, 
227; last prisoner left Germany, 
227. 

Yasaka Maru, Japanese liner, sunk, 329. 

Zabriskie, Dr., taken prisoner on Ger- 
man prize ship Yarrowdale, 222; in 
prison camp at Karlsruhe, 222; de- 
parted for Denmark, 226. 

Zeppelin raids, 41. 

Zimmermann, Alfred, German Under 
Secretary of State for Foreign Af- 
fairs, 75, 100, 104, 106, 112, 115, 168, 
245, 247, 290, 338. 



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